Tonkel v. Riteman, 29989
| Court | Mississippi Supreme Court |
| Writing for the Court | Griffith, J. |
| Citation | 163 Miss. 216,141 So. 344 |
| Docket Number | 29989 |
| Decision Date | 25 April 1932 |
| Parties | TONKEL et al. v. RITEMAN |
141 So. 344
163 Miss. 216
TONKEL et al.
v.
RITEMAN
No. 29989
Supreme Court of Mississippi
April 25, 1932
Division B
1. LANDLORD AND TENANT.
Tenant continuing to occupy property without new lease becomes liable under rates and terms of expired lease.
[163 Miss. 217]
2. LANDLORD AND TENANT.
Tenant, when lease expires, should surrender premises or else procure new contract.
3. LANDLORD AND TENANT.
If tenant fails to surrender premises or procure new contract on expiration of lease, landlord may treat tenant as trespasser or tenant under previous terms.
4. LANDLORD AND TENANT. Notwithstanding tenant before expiration of lease told landlord's agent that, unless tenant could procure reduction in rent, he would only hold from month to month, tenant holding over held bound by original lease.
Tenant was bound by terms of original lease, since the only response made by the landlord's agent to the tenant was that agent would take matter up with landlord, and the conversation in respect to a new lease had not brought the transaction into such a state of progress as it might be considered as having attained to the dignity of negotiations for new lease, which would have effect of preventing terms of old lease from becoming binding on tenant.
HON. S. F. DAVIS, Judge.
APPEAL from circuit court of Washington county, HON. S. F. DAVIS, Judge.
Action between M. Tonkel and others and Helen L. Riteman. From an adverse judgment, the former appeals. Affirmed.
Affirmed.
Wynn & Hafter, of Greenville, for appellants.
A renewal by the month, and not by the year, is to be implied from a tenant's mere continued possession and payment of a monthly rent beyond the period of a lease, though for a year or term of years, which reserves the rent as a monthly one.
Kaufman v. Mastin, 66 S.E. 92, 25 L.R.A. (N.S.) 855.
To create a yearly tenancy by implication, the property must be occupied under a rent payable as a yearly one.
Kaufman v. Mastin, 66 S.E. 92, 25 L.R.A. (N.S.) 855.
[163 Miss. 218] The reservation of rent, with its payment at stated periods, is the principal, but not the only, criterion to determine the implied term. The intention of the parties should prevail.
Kaufman v. Mastin, 66 S.E. 92, 25 L.R.A. (N.S.) 855.
As a general rule if the holding over is with the consent of the landlord for some particular purpose or for a specified time, the tenant cannot be held for another term. Thus where the holding over is with the consent of the landlord pending negotiations for a new lease which fell through, the holding over does not render the tenant liable for another term.
16 R. C. L. 1165; Leggett v. Louisiana Purchase Exposition, 157 Mo.App. 108, 137 S.W. 893; Schilling v. Klien, 41 Ill.App. 209; Kentwood Hotel Company v. Hiland, 153 Ill.App. 108.
The question of whether or not a tenant holds over under the terms and conditions of a former lease is a question of fact for the jury.
Montgomery v. Willis, 45 Nebr. 434, 63 N.W. 79.
Where a tenant for years holds over with the consent of his landlord, his tenancy will be one from year to...
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Mississippi Power & Light Co. v. Pitts, 33056
...v. Favre, 119 So. 911; Thomas Hinds Lodge v. Presbyterian Church, 103 Miss. 130, 60 So. 66; Love v. Law, 47 Miss. 596; Tonkel v. Riteman, 141 So. 344; [181 Miss. 357] Hamilton v. Federal Land Bank, 167 So. 642; 35 C. J., page 957, par. 21, and page 959, par. 22; Scruggs v. McGehee, 110 Miss......
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Chapman v. Chase Nat Bank, 32627
...and tenant, even between husband and wife. 16 R. C. L. 593, sec. 70; 13 R. C. L. 1342, 1343, secs. 381 and 382; Tonkel v. Riteman, 163 Miss. 216, 141 So. 344; Oxford Spotless Cleaners v. Mayfield, 157 Miss. 565, 128 So. 567. There is no difference presented here in the general rule solely b......
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Dixie Greyhound Lines, Inc. v. Mississippi Railroad Commission, 31814
...upon part of the State and a full hearing. Teche Lines, Inc., v. Bd. of Supervisors, 142 So. 24, 165 Miss. 594; Tonkel v. Riteman, 163 Miss. 216, 141 So. 344. The appellant became the owner of a piece of personal property, consisting of a franchise right to operate motor transportation vehi......
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Carraway v. State, 29953
...vacation, is not a judgment at all, but is in the same class as the act of the judge or chancellor in granting or refusing a remedial writ [141 So. 344] under section 742 of the Code of 1930, from which no appeal lies. Alexander v. [163 Miss. 646] Woods, 103 Miss. 869, 60 So. 1017; Wynne v.......
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Mississippi Power & Light Co. v. Pitts, 33056
...v. Favre, 119 So. 911; Thomas Hinds Lodge v. Presbyterian Church, 103 Miss. 130, 60 So. 66; Love v. Law, 47 Miss. 596; Tonkel v. Riteman, 141 So. 344; [181 Miss. 357] Hamilton v. Federal Land Bank, 167 So. 642; 35 C. J., page 957, par. 21, and page 959, par. 22; Scruggs v. McGehee, 110 Miss......
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Chapman v. Chase Nat Bank, 32627
...and tenant, even between husband and wife. 16 R. C. L. 593, sec. 70; 13 R. C. L. 1342, 1343, secs. 381 and 382; Tonkel v. Riteman, 163 Miss. 216, 141 So. 344; Oxford Spotless Cleaners v. Mayfield, 157 Miss. 565, 128 So. 567. There is no difference presented here in the general rule solely b......
-
Dixie Greyhound Lines, Inc. v. Mississippi Railroad Commission, 31814
...upon part of the State and a full hearing. Teche Lines, Inc., v. Bd. of Supervisors, 142 So. 24, 165 Miss. 594; Tonkel v. Riteman, 163 Miss. 216, 141 So. 344. The appellant became the owner of a piece of personal property, consisting of a franchise right to operate motor transportation vehi......
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Carraway v. State, 29953
...vacation, is not a judgment at all, but is in the same class as the act of the judge or chancellor in granting or refusing a remedial writ [141 So. 344] under section 742 of the Code of 1930, from which no appeal lies. Alexander v. [163 Miss. 646] Woods, 103 Miss. 869, 60 So. 1017; Wynne v.......