While the nature of a periodic tenancy is ordinarily such that it can be terminated only at the end of one of the periods,61 it is possible, it seems, expressly to provide for its termination at some other time,62 and it has even been decided that a tenancy from year to year may be made terminable at the will of the landlord.63 In one jurisdiction the rule has been adopted that a tenancy from year to year is terminable, not at the end of one of the periods by which it is measured, but only at the end of a calendar year.64 In another the statute provides that a tenancy from year to year shall terminate at the end of each year without notice.65

The tenancy is terminated without notice by the expiration of the estate of the person who created the tenancy, so far as the person subsequently entitled is concerned, as where a life tenant after demising from year to year dies.66 It may also be terminated by the making of another demise between the same parties to terminate at a fixed term, that is, a lease for years,67 this effecting a surrender of the periodic tenancy.68 Or it may be terminated by an express surrender.69 Likewise it may be terminated upon the happening of a particular contingency by reason of a special limitation.70 The tenancy is not terminated by the death of either party,71 nor by his insanity.72

59. Oxley v. James, 13 Mees. & W. 209.

60. Curtis v. Wheeler, Moody & M. 493; Pike v. Eyre, 9 Barn. & C. 909.

61. Lockwood v. Lockwood, 22 Conn. 425; Gunn v. Sinclair, 52 Mo. 327; Usher v. Moss, 50 Miss. 208; Brown v. Vanhorn, 1 Bin. (Pa.) 334; Lesley v. Randolph, 4 Rawle (Pa.) 123; Barlow v. Wainwright, 22 Vt. 88, 52 Am. Dec. 79.

62. Bridges v. Potts, 17 C. B. (N. S.) 314; Soames v. Nicholson [1902] 1 K. B. 157; Doe d. King v. Grafton, 18 Q. B. 496; King v. Eversfield [1897] 2 Q. B. 475. Compare Lewis v. Baker [1906] 2 K. B. 599.

63. In re Threlfall, 16 Ch. Div. 274.

64. Floyd v. Floyd, 4 Rich. Law (S. C.) 23; Wilson v. Rode-man, 30 S. C. 210.

65. Ariz. Rev. St. 1901, Sec. 2694.

- By notice. The ordinary mode in which such a tenancy comes to an end is by reason of a notice given by one party to the other to the effect that he desires to terminate the tenancy.

The English rule, that a notice of half a year is necessary in order to terminate a tenancy from year to year, has ordinarily been adopted in this country, in the absence of a statutory provision on the subject,73 In a number of the states the length of the notice is fixed by statutory enactment, it varying from one to six months.74

In the case of a tenancy from quarter to quarter, month to month, or week to week, a notice of a quarter, a month, or a week, respectively, is ordinarily re66. Doe d. Thomas v. Roberts, 16 Mees. & W. 778.

67. Den d. Williams v. Bennett, 26 N. C. (4 Ired. Law) 122.

68. Post Sec. 431.

69. Doe d. Watt v. Stagg, 5 Bing. N. C. 564; Harding v. Cre-thorn, 1 Esp. 57; Currier v. Per-ley, 24 N. H. 219.

70. Clark v. Rhoads, 79 Ind. 342.

71. See ante, notes 57, 58.

72. McFall v. McFall, 35 S. C. 559, 14 S. E. 985.

73. Doe d. Flower v. Darby, 1 Term R. 159; Wilkinson v. Calvert, 3 C. P. Div. 360; Hunt v. Morton, 18 111. 75; Morehead v. Watkyns, 44 Ky. (5 B. Mon.) 229; Hall v. Myers, 43 Md. 446; Critchfield v. Rernaley, 21 Neb. 178, 31 N. W. 687; Den d. Mc-Eowen v. Drake, 14 X. J. L. (2 J. S. Green) 523; Pugsley v. Aiken, 11 N. Y. (1 Kern.) 494; Den d. Jones v. Willis, 53 N. C. (8 Jones Law) 430; Barlow v. Waln-wright, 22 Vt. 88, 52 Am. Dec. 79; Brown v. Kayser, 60 Wis. 1, 18 N. W. 523.

74. See 2 Tiffany, Landlord & Ten. Sec. 196(c).

Garded as necessary to terminate it.75 In a number of states the length of the notice necessary in such cases is prescribed by statute, the statute occasionally refer ring in terms to a tenancy from quarter to quarter, month to month, or week to week, and sometimes being so framed as to apply to any periodic tenancy, or to any such tenancy measured by periods less than a year.76

The obligation to give notice is, at common law, reciprocal, the tenant being hound to give it, as well as the landlord, if he desires to terminate the tenancy.77 The statutes above referred to likewise ordinarily require notice to be given by the tenant as well as by the landlord.

The common-law rule, in regard to the length of notice necessary to terminate a periodic tenancy, may be superseded by an express agreement in this regard,78 and a statutory provision on the subject would no doubt likewise yield to any contract between the parties.79

75. Steffens v. Earl, 40 N. J. L. 128, 29 Am. Rep. 214; Baker v. Kenny, 69 N. J. L. 180, 154 Atl. 526; Anderson v. Prindle, 23 Wend. (N. Y.) 616; People v. Darling, 47 N. Y. 666; McDevitt v. Lambert, 80 Ala. 536, 2 So. 438; Stewart v. Murrell, 65 Ark. 471, 47 S. W. 130; Gunn v. Sinclair, 52 Mo. 327; Prickett v. Ritter, 16 111. 96; Creighton v. Sanders, 89 111. 543; Hollis v. Burns, 100 Pa. St. 206, 45 Am. Rep. 379; Currier v. Perley, 24 N. H. 219.

In England it has been decided that a month's notice is necessary in the case of a tenancy from month to month. Doe d. Parry v. Hazell, 1 Esp. 94; Beamish v. Cox, 16 L. R. Ir. 270, 458. In the case of a weekly tenancy, while there are dicta to the effect that a week's notice is necessary, it seems doubtful whether a less notice, provided it be reasonable, may not be sufficient. See Jones v. Mills, 10 C. B. (N. S.) 788; Harvey v. Copeland, 30 L. R. Ir. 412; Bowen v. Anderson [1894] 1 Q. B. 164.

76. See 2 Tiffany, Landlord & Ten. Sec. 196c notes 53-56.

77. A. G. Rhodes Furniture Co. v. Weeden, 108 Ala. 252, 19 So. 318; Roberson v. Simons, 109 Ga. 360, 34 S. E. 604; Donahue v. Chicago Bank-Note Co., 37 111. App. 552; Morehead v. Watkyns, 5 B. Mon (Ky.) 228, 229; Hall v. Myers, 43 Md. 446; Buck v. Lewis, 46 Mo. App. 227; Currier v. Perley, 24 N. H. 219, 228; Za-briskie v. Sullivan. SO N. J. L. 673, 77 Atl. 1075; Id., 82 N. J. L. 545, 81 Atl. 1135; Pugsley v. Aikin, 11 N. Y. 494; Hall v. Wadsworth, 28 Vt. 410. But not in Pennsylvania. Lane v. Nelson, 167 Pa. St. 602, 31 Atl. 864; Thompson v. First School Dist. of Pennsylvania, 48 Pa. Super. Ct. 607.

II. (D) Tenancy at Sufferance-Tenant Holding

Over.