Jaroslow v. Lehigh Valley Railroad
New York Court of Appeals
1Opinion of the Court
Mbmobaitdum. The order of the Appellate Division should be affirmed. Section 232-c of the Beal Property Law changes the common-law rule relating to creation of a holdover tenancy. *993It provides that the mere holding over by a tenant whose term is longer than one month does not allow the landlord to create a holdover tenancy without his acceptance of rent from the holding over tenant. The language in the statute “ unless an agreement either express or implied is made providing otherwise ” refers only to extension of the duration of the holdover tenancy beyond a tenancy from month to month. In…
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