90. A tenancy from year to year is a letting of land for an indefinite number of fixed periods.
91. A tenancy from year to year arises whenever there is a reservation of rent in a letting which would otherwise be a tenancy at will, except: Exception-in a few states, by statute, a general letting creates a tenancy from year to year, unless a contrary intention is expressed.
Estates from year to year 184 include those from quarter to quarter,185 month to month,186 and so on; the length of the periods bejackson v. Aldrich, 13 Johns. (N. Y.) 106; Curtis v. Galvin, 1 Allen (Mass.) 215; or leasing them, Clark v. Wheelock, 99 Mass. 14; Hildreth v. Conan, 10 Mete. (Mass.) 298; Kelly v. Waite, 12 Mete. (Mass.) 300; Groustra v. Bourges, 141 Mass. 7, 4 N. E. 623. So does a demand of possession, Doe v. M'kaeg, 10 Barn. & C. 721; Den v. Howell, 7 Ired. (N. C.) 496; or acts which would otherwise be trespass, Turner v. Doe, 9 Mees. & W. 643; as an entry upon the land, Moore v. Boyd, 24 Me. 242.
183 Cooper v. Adams, 6 Cush. (Mass.) 87; Packard v. Railway Co., 46 111. App. 244; Den v. Howell, 7 Ired. (N. C.) 496. And see Hersey v. Chapin, 162 Mass. 176, 38 N. E. 442. A denial of the landlord's title will, at his option, terminate the tenancy. Willlson v. Watkins, 3 Pet. 43; Currier v. Earl, 13 Me. 216; Farrow's Heirs v. Edmundson, 4 B. Mon. (Ky.) 605; Harrison v. Middleton, 11 Grat. (Va.) 527; Fusselman v. Worthington, 14 111. 135.
184 "From term to term" would be a more accurate designation of these tenancies, but the practice is otherwise. In many states there are statutes which raise presumptions as to the kind of a tenancy which arises In the absence of express contract, from a general occupancy. 1 Stiin. Am. St Law, 1/4 2002.
185 City of San Antonio v. French, 80 Tex. 575, 16 S. W. 440.
186 Anderson v. Prindle, 23 Wend. (N. Y.) 616; Sebastian v. Hill, 51 111. App. 272; Lehman v. Nolting, 56 Mo. App. 549; Rogers v. Brown, 57 Minn. 223, 58 N. W. 981; Backus v. Sternberg, 59 Minn. 403, 61 N. W. 335. See, also, Cox v. Bent, 5 Bing. 185; Tress v. Savage, 4 El. & Bl. 36.
Measured by the time for which rent is reserved.187 They are, in effect, tenancies which continue until one of the parties takes the steps requisite to put an end to the relation.188 By the early common law, all tenancies for an indefinite period were at will, but, to prevent the harsh effects often caused by their being terminable without notice, the rulings of the courts and statutory enactments have changed most of them into tenancies from year to year.189 The principal distinction is that a reservation of rent makes a general letting a tenancy from year to year,190 which, without a rent reserved, is at will;191 that is, a tenancy from year to year arises from a general letting with a reservation of rent,192 or when possession is taken under a void lease.193 If no rent is
187 in some states, tenancy from year to year does not exist. 1 Stim. Am. St. Law, § 2005.
188 People v. Darling, 47 N. Y. 666; Lesley v. Randolph, 4 Rawle (Pa.) 123. A tenancy may be created to continue from year to year for two years. It may be determined at the end of a year by notice, and terminates at the end of two years without notice. Doe v. Smaridge, 7 Q. B. 957.
189 I Wood, Landl. & Ten. (2d Ed.) 85; 1 Tayl. Landl. & Ten. (8th Ed.) 62. 190 See ante, p. 155. But cf. Richardson v. Langridge, 4 Taunt. 128.
191 Herrell v. Sizeland, 81 111. 457; Cheever v. Pearson, 16 Pick. (Mass.) 266; Burns v. Bryant, 31 N. Y. 453; Sarsfield v. Nealey, 50 Barb. (N. Y.) 245; Cross v. Upson, 17 Wis. 638; Amick v. Brubaker, 101 Mo. 473, 14 S. W. 627; Williams v. Deriar, 31 Mo. 13; Le Tourneau v. Smith, 53 Mich. 473, 19 N. W. 151; Blanchard v. Bowers, 67 Vt. 403, 31 Atl. 848; Den v. Humphries, 3 Ired. (N. C.) 362. And see Murray v. Cherrington, 99 Mass. 229; Sanford v. Johnson, 24 Minn. 172; Goodenow v. Allen, 68 Me. 308.
192 Second Nat. Bank v. O. E. Merrill Co., 69 Wis. 501, 34 N. W. 514; Hunt v. Morton, 18 111. 75; Ganson v. Baldwin, 93 Mich. 217, 53 N. W. 171; Lesley v. Randolph, 4 Rawle (Pa.) 123. But see Union Depot Co. v. Chicago, K. & N. Ry. Co., 113 Mo. 213, 20 S. W. 792; Salomon v. O'donnell (Colo. App.) 36 Pac. 893.
193 Coudert v. Cohn, 118 N. Y. 309, 23 N. E. 298; Brant v. Vincent, 100 Mich. 426, 59 N. W. 169; Hosli v. Yokel, 58 Mo. App. 169; Koplitz v. Gustavus, 48 Wis. 48, 3 N. W. 754; Bateman v. Maddox, 86 Tex. 546, 26 S. W. 51; Rosen-blat v. Perkins, 18 Or. 156, 22 Pac. 598. So, too, a tenancy from year to year may arise by holding over after the expiration of an estate for years. If the acts of the parties show an intention to continue the relation of landlord and tenant, the provisions of the old lease will govern, as far as they are applicable. Ashhurst v. Phonograph Co., 166 Pa. St. 357, 31 Atl. 116; Patterson v. Park, 166 Pa. St. 25, 30 Atl. 1041; Kleespies v. Mckenzie, 12 Ind. App. 404, 40 N. E. 648; Johnson v. Doll, 11 Misc. Rep. 345, 32 N. Y. Supp. 132; Conway reserved originally, the actual payment of rent will make the holding one from year to year.194
92. The principal incidents of estates from, year to year are the following:
(a) The tenant may take estovers.
(b) He is entitled to emblements when the landlord, terminates the tenancy.
(c) He must repair.
(d) The interests of the parties are assignable.
The incidents of estates from year to year are for the most part the same as of estates for years.195 The tenant is entitled to estovers, and to emblements, when the tenancy is terminated by the landlord,196 but not when the tenant terminates it. The tenant's duty to repair extends to keeping the premises wind and water tight.197 Either party may assign his interest,198 and on the death of the tenant his interest goes to his personal representative.199 After the termination of the tenancy has been fixed by notice, it becomes, in effect, equal to a term of years which has nearly expired.200 v. Starkweather, 1 Denio (N. Y.) 113; Hyatt v. Griffiths, 17 Q. B. 505; Amsden v. Atwood, 67 Vt. 289, 31 Atl. 448; Voss v. King, 38 W. Va. G07, 18 S. E. 762. But see Campau v. Michel! (Mich.) 61 N. W. 890; Chicago & S. E. Ry. Co. v. Perkins, 12 Ind. App. 131, 38 N. E. 487; Montgomery v. Willis (Neb.) 63 N. W. 794; Goldsbrough v. Gable, 49 111. App. 554.
194 Jackson v. Bradt, 2 Caines (N. Y.) 169; Lesley v. Randolph, 4 Rawle (Pa.) 123; Rich v. Bolton, 46 Vt. 84; Chamberlin v. Donahue, 45 Vt 50; Roe v. Lees. 2 W. Bl. 1171; Richardson v. Langridge, 4 Taunt. 128. But see Brant v. Vincent, 100 Mich. 426, 59 N. W. 169.
195 Washb. Real Prop. (5th Ed.) § 637.
196 2 Tayl. Landl. & Ten. (8th Ed.) § 134; Kingsbury v. Collins, 4 Bing. 202.
197 2 Wood. Landl. & Ten. (2d Ed.) 992; 1 Tayl. Landl. & Ten. (8th Ed.) 40L As to waste by a tenant from year to year, see 2 Wood, Landl. & Ten. (2d Ed.) 992; Torriano v. Young, 6 Car. & P. 8.
198 Butting v. Martin, 1 Camp. 317; Cody v. Quarterman, 12 Ga. 386.
199 Doe v. Porter, 3 Term R. 13; Cody v. Quarterman, 12 Ga, 386; Pugsley v. Aikin, 11 N. Y. 494.
200 I Washb. Real Prop. (5th Ed.) 637.
93. A tenancy from year to year may be terminated by either party by a notice given six months before the end of any year, and by a notice equal to the length of the periods when the tenancy is for periods of six months or less. But these rules do not apply -when a different notice has been provided for:
(a) By agreement of the parties.
(b) By statute, as is the case in some states.
By the common law, to terminate a tenancy from year to year there must be a six-months notice given by the party wishing to terminate the tenancy. This notice must be so given that the six months will expire at the end of a year.201 Most cases hold that notice equal to the length of the periods is requisite in case of tenancies measured by shorter periods.202 The time of notice is in many states regulated by statute,203 and any time may be fixed by the agreement of the parties.204 The time when the tenancy is to expire must be clearly indicated, and this must be at the end of one of the periods.205 Unless otherwise provided by statute, or the
201 Doe v. Watts, 7 Term R. 83; Jackson v. Bryan, 1 Johns. (N. Y.) 322; Den v. Drake, 14 N. J. Law, 523; Morehead v. Watkyns, 5 8. Mon. (Ky.i 228; Critchfleld v. Remaley, 21 Neb. 178, 31 N. W. 687; Right v. Darby, 1 Term R. 159; Bessell v. Landsberg, 7 Q. B. 638. But see Logan v. Herron, S Serg. & R. (Pa.) 459.
202 Steffens v. Earl, 40 N. J. Law, 128; Sanford v. Harvey, 11 Cush. (Mass., 93; Prescott v. Elm, 7 Cush. (Mass.) 346. And see Gruenewald v. Scbaales, 17 Mo. App. 324; Doe v. Hazell, 1 Esp. 94.
203 see 1 Stim. Am. St Law, § 2052; 2 Shars. & B. Lead. Gas. Real Prop. 200. 204 Woolsey v. Donnelly, 52 Hun, 614, 5 N. Y. Supp. 238.
205 Brown v. Kayser, 60 Wis. 1, 18 N. W. 523; Hunter v. Fmpt. 47 Minn. 1, 49 N. W. 327; Finkelstein v. Herson, 55 N. J. Law, 217, 26 Atl. 688; Steffens v. Earl, 40 N. J. Law, 128; Logan v. Herron, 8 Serg. & R. (Pa.) 459; Prescott v. Elm, 7 Cush. (Mass.) 346; Baker v. Adams, 5 Cush. (Mass.) 99; Sanford v. Harvey, 11 Cush. (Mass.) 93. But see Currier t. Barker, 2 Cray (Mass.) 224.
Real Prop.-11 agreement of the parties, the notice required to terminate an estate from year to year need not be in writing,206 but it must be certain and definite.207 The notice should be personally served.208 Although the tenancy comes to an end at the expiration of the notice,209 yet the parties may waive the effect, and continue the relation. This may be done by express agreement,210 or by acts showing such intention;211 for instance, acceptance by the landlord of rent accruing after the expiration of the notice.212