Bradley v. Slater

Decision Date16 February 1897
PartiesBRADLEY v. SLATER.
CourtNebraska Supreme Court
OPINION TEXT STARTS HERE
Syllabus by the Court.

1. When a tenant, with the consent of his landlord, express or implied, holds over his term, the law presumes a continuation of the original tenancy for another like term, and upon the same conditions.

2. But this presumption is not a conclusive one, and may be overthrown by evidence that the tenant's holding over was in pursuance of an agreement with his landlord that he might so hold over, and pay rent only for the time he occupied.

3. In a suit against a tenant, who had held over two months, to recover rent for a term equal to the prior one, and at the same rent, the evidence disclosed that before the expiration of his term the tenant notified his landlord that he would not occupy the leased premises after the expiration of his term; that he had purchased other premises, into which he intended removing, but that they would not be ready for occupancy when his lease expired; that the tenant held over without any express agreement with his landlord that he might do so, but with his knowledge, and without his protest. Held, that this evidence was not sufficient to overthrow the legal presumption that the tenant was in for another term of the same length as the prior one, and on the same conditions.

4. When the lease of a tenant expires by its terms, and he does not vacate, the landlord may, at his option, treat him as a trespasser or as a tenant; and if he continues to occupy without protest or objection from his landlord, the law, by the presumption, supplies the prima facie evidence, binding upon both landlord and tenant, that such a relation exists between them, and that the tenant is in for the same length of term, and on the same conditions, as his first term.

Error to district court, Douglas county; Ogden, Judge.

Action by Jackson Bradley against Augustus B. Slater. Judgment for defendant, and plaintiff brings error. Reversed.Warren Switzler, for plaintiff in error.

Joseph R. Clarkson, for defendant in error.

RAGAN, C.

Premises were demised by written lease for one year in consideration of a stated rent. The tenant held over his term two months. The landlord then sued to recover rent for the premises for one year after the expiration of the first term, upon the theory that the tenant, by holding over, became liable for the rent of the leased premises for a year at the same rent fixed in the first lease. The tenant had a verdict and judgment, and the landlord prosecutes error.

1. The defense of the tenant, so far as material here, was that he held over in pursuance of an agreement with the landlord that he might do so, paying rent for the time he occupied at the same rate per month as he paid under the first lease. The evidence shows that in November, 1889, one Jacob R. Hendrix owned the premises, and on said date demised it by a written lease to Augustus B. Slater for one year, or until the 15th of November, 1890, in consideration of a rent of $750, paid and agreed to be paid by Slater; that, after taking possession of the leased premises, Slater purchased a lot in the city of Omaha, where the leased premises were situate, and began the erection thereon of a dwelling. Before the lease expired, Slater notified Hendrix that he had purchased a lot, and was building a house, but that it would not be ready for occupancy until about January, 1891. That he intended to move into it as soon as it was ready for occupancy; and that he would not renew the lease, or remain in possession of the leased premises, for another year. Hendrix endeavored to re-lease the premises to Slater for another year, but this was refused by the latter. Hendrix then sought to re-lease the premises to Slater for six months after the expiration of his lease, but this was declined by Slater. The record contains no evidence that Hendrix expressly agreed that Slater might hold over on any terms whatever; nor does it show that he protested or objected to Slater holding over the time he did. Slater paid the rent in full for the premises for the year ending November 15, 1890. About the 13th of January, 1891, Slater abandoned the leased premises, and at that time returned the keys of the building to Hendrix, and paid him $125, being two months' rent of the premises at $62.50 per month. Hendrix, when he accepted...

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11 cases
  • Wright v. Barclay
    • United States
    • Nebraska Supreme Court
    • 1 April 1949
    ...his term, the law presumes a continuation of the original tenancy for another like term and upon the same conditions.’ Bradley v. Slater, 50 Neb. 682, 70 N.W. 258. ‘* * * when a term stipulated in a written lease for a year had ended, and the landlord recognizes him as tenant thereafter by ......
  • Kennedy v. Iowa State Ins. Co.
    • United States
    • Iowa Supreme Court
    • 16 October 1902
    ...before, save that of duration." See, also, Lumber Co. v Kimball, 111 Iowa 48, 82 N.W. 458; Newell v. Sanford, 13 Iowa 191; Bradley v. Slater, 50 Neb. 682 (70 N.W. 258; Taylor, Landlord & Tenant (2d Ed.) section On behalf of appellant it is urged in argument that the plaintiff firm is bound ......
  • Kennedy v. Iowa State Ins. Co.
    • United States
    • Iowa Supreme Court
    • 16 October 1902
    ...before, save that of duration.” See, also, Lumber Co. v. Kimball, 111 Iowa, 48, 82 N. W. 458;Newall v. Sanford, 13 Iowa, 191;Bradley v. Slater (Neb.) 70 N. W. 258; Tayl. Landl. & Ten. (2d Ed.) § 525. On behalf of appellant it is urged in argument that the plaintiff firm is bound as the orig......
  • Monks v. Hess
    • United States
    • South Dakota Supreme Court
    • 14 July 1928
    ...he became tenant for another year.” See, also, the following authorities for this rule: Wadsworth v. Owen, 130 N.W. 832; Bradley v. Slater, 50 Neb. 682, 70 N.W. 258; Waterman v. Le Sage, 142 Wis. 97, 135 AmStRep 1062; In re Sweeney, 94 Misc. Rep. 617, 159 NYS 984; Farrell v. Woodward, ail M......
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