Lewittes & Sons v. Spielmann

Proceeding by owner-landlord to recover commercial space under subdivision (d) of section 8 of the emergency statute. Defense, that the appellants on the expiration of their written lease continued in possession as tenants at will paying their rent monthly, and the landlord failed to give a thirty-day notice. The petition further alleged a breach of the tenants’ covenant not to sublet, but that claim was withdrawn on the trial.

Appellants are mistaken as to the character of their tenancy, for under,the emergency statute there can be no tenancy at will; the law, not the landlord, controls so…