94. A letting of lodgings, where the owner of the house retains possession and control, creates only a contract relation.

The hiring of furnished apartments creates a tenancy from year to year; that is, the holding is from week to week, or from month to month, according to the periods at which rent is payable, when the terms of the demise are indefinite.213 The relation of landlord and tenant does not arise, however, when there is merely a letting of lodgings.214 The test of such a holding is the retention by the owner of full possession and control of the house. In such cases there is only a contract relation.215 The letting of "French flats" does not come within this rule, however; for they are separate dwellings, and the hirer is a lessee, even though there is but a single outer door to the building.216 Seasonable notice is all that is necessary to terminate the holding of a lodger.217

206 Timmlns v. Rowlinson, 3 Burrows, 1603, 1 W. Bl 533; Doe v. Crick, 5 Esp. 196; Eberlein v. Abel, 10 111. App. 626.

207 Doe v. Morphett, 7 Q. B. Div. 577; Doe v. Smith, 5 Adol. & E. 350; Ayres v. Draper, 11 Mo. 548; Steward v. Harding, 2 Gray (Mass.) 335; Granger v. Brown, 11 Cush. (Mass.) 191; Hanchett v. Whitney, 1 Vt 311; Huyser v. Chase, 13 Mich. 102.

208 Doe v. Williams, 6 Barn. & C. 41; Jackson v. Baker, 10 Johns. (N. Y.) 270. But see Walker v. Sliarpe, 103 Mass. 154; Bell v. Bruhn, 30 111. App. 300; Doe v. Dunbar, Moody & M. 10. Notice to a subtenant is not sufficient. Pleasant v. Benson, 14 East, 234. It is sufficient, however, if actual knowledge of the notice is shown, for the required length of time, Alford v. Vickery, Car. & M. 280.

209 Hoske v. Gentzlinger, 87 Hun, 3, 33 N. Y. Supp. 747.

210 Supplee v. Timothy, 124 Pa. St 375, 16 Atl. 864.

211 See Tuttle v. Bean, 13 Mete. (Mass.) 275; Doe v. Palmer, 16 East, 53.

212 Goodright v. Cordwent, 6 Term R. 219; Collins v. Canty, 6 Cush. (Mass.) 415; Prindle v. Anderson, 19 Wend. (N. Y.) 391. Mere demand of rent so accruing will not necessarily be a waiver, Blyth v. Dennett, 13 C. B. 178; nor acceptance of rent due before the expiration of the notice, Kimball v. Rowland, 6 Gray (Mass.) 224; Norris v. Morrill, 43 N. H. 213. And see Graham v. Dempsey, 309 Pa. St 460, 32 Atl. 408; Conner v. Jones, 28 Cal. 59.

213 l Wood. Land! & Ten. (2d Ed.) 132.