Blumenberg v. Myres

Citations

• 32 Cal. 93

Syllabus

<p>Tenant who Sub-Leases. — If the lessee sub-lets the leased premises for the entire term of his lease from the lessor, no right of entry remains in him upon the expiration of the term. The right of entry is in him who holds the reversion.</p> <p>Creation op a New Tenancy.—If a tenant for one year or more, before the expiration of his term procures the landlord’s receipt for one month’s rent, commencing at the expiration of the term, a new tenancy of one year is not thereby created. The new tenancy is only for one month.</p> <p>Taking a New Lease.—If the tenant takes a receipt from his landlord, specifying the amount of rent paid and the length of the term, to commence on the expiration of the lease, the new term will be for the time specified in the receipt. No new tenancy by implication arises in such case.</p> <p>Creation op a New Term.—When the lessee holds over, and the landlord receives rent after the expiration of the term, a new tenancy arises by implication, subject to the covenants and conditions of the original lease, but the new term is not necessarily for one year.</p>