People ex rel. Botsford v. Darling

Headnote

Where a tenant is in possession under a parol agreement void by the statute of frauds, and has occupied for a year, paying the rent monthly, this creates a tenancy from month to month which can only be terminated by a month’s notice to quit, expiring with the end of some month reckoning from the beginning of the tenancy.

This was a summary proceeding under the landlord and tenant act to remove defendant for an alleged holding over after the expiration of his term. The county judge decided that the term had not expired. Relator thereupon removed the proceedings by certiorari to the Supreme Court, where the judgment of the county judge was reversed. The question was as to whether or not the tenant had accepted a lease in writing of the premises, which had been executed by the landlord in duplicate. Upon the facts the court sustain the county judge, hut hold that if the Supreme Court was right, then the testimony showed that the tenant was in possession without any written lease under a parol agreement void by the statute of frauds; that he had occupied under this agreement for a year, paying rent monthly, and then decide as above.