Mendel v. Hall
Court of Appeals of Kentucky
Case 36 — ATTACHMENT FOR RENT APPEAL PROM JEFFERSON COMMON PLEAS COURT. Whenever a tenant, whose term expires at a certain time, holds over, by remaining on the premises with the consent or acquiescence of the landlord, he becomes a tenant for another term — he can not be held as a trespasser or tenant at sufferance so long as it can not be shown that he has remained against the consent of the landlord.
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Case 36 — ATTACHMENT FOR RENT APPEAL PROM JEFFERSON COMMON PLEAS COURT. Whenever a tenant, whose term expires at a certain time, holds over, by remaining on the premises with the consent or acquiescence of the landlord, he becomes a tenant for another term — he can not be held as a trespasser or tenant at sufferance so long as it can not be shown that he has remained against the consent of the landlord. (4 Kent, pages 112, 116,117.) When a tenant holds over after the expiration of his term without having entered into any new contract, he holds upon the former terms. (Doe & Riggs v. Bell, 5…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion or the court.
A tenancy by sufferance is where a person, who has originally come into possession by a lawful title, holds such possession after his title has determined. (Williams on Eeal Prop., p. 351.) The appellees in this case had leased the premises for one year at a stipulated price, and after the expiration of the term held over for seven days.
The appellant, regarding this holding over as creating a like tenancy for another year, obtained an attachment that was levied upon the goods of the appellees, to recover the year’s rent that was to become due. The…
2Cited by7 opinions
- Irvine v. ScottCourt of Appeals of Kentucky · 1887
- Long's Ex'rs v. BischoffCourt of Appeals of Kentucky (pre-1976) · 1939
- Cincinnati, New Orleans & Texas Pacific Ry. Co. v. Depot Lunch RoomCourt of Appeals of Kentucky · 1920
- J. W. Reccius & Bro. v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1905
- Delph v. Bank of HarlanCourt of Appeals of Kentucky (pre-1976) · 1942
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