Legal Opinion · Concurrence

Ilgenfritz v. Normann

Louisiana Court of Appeal

Decided February 6, 1974No. 6000Published

1ConcurrenceMorial, Judge

Fundamental requirements of reconduction are silence and inaction on the part of the lessor after a lease has expired. LSA-C.C. Article 1817 provides:

Silence and inaction are also, under some circumstances, the means of showing an assent that creates an obligation; if, after the termination of a lease, the lessee continue in possession, and the lessor be inactive and silent, a complete mutual obligation for continuing the lease, is created by the act of occupancy of the tenant on the one side, and the inaction and silence of the lessor on the other, (emphasis supplied)

Therefore, reconduction…

2Cases cited4 opinions

  1. Jansen v. BellamoreSupreme Court of Louisiana · 1920
  2. Magnolia Petroleum Co. v. CarterLouisiana Court of Appeal · 1941
  3. Monticello v. DelavisioLouisiana Court of Appeal · 1939
  4. Standard Oil Co. of New Jersey v. EdwardsLouisiana Court of Appeal · 1947

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