Schartz v. Foster

Rulon, J.:

Lynne Foster appeals from the district court judgment restoring possession of rental property to Randy Schartz, plaintiff. We affirm.

Essentially, we must decide the nature of the tenancy created by Foster’s holdover following expiration of the term of a written rental agreement and the type of notice sufficient to terminate that holdover tenancy.

The material stipulated facts are as follows:

In January 1988, Foster as tenant and Schartz as owner executed a residential rental agreement for a term of one year, from February 1, 1988, to January 31, 1989. Upon the expiration of this…