Creighton v. Sanders

Citations

• 89 Ill. 543

Syllabus

<p>1. Statute of Frauds—parol leasing—part performance. A verbal contract for the leasing of real estate for the period of five years is within the Statute of Frauds, and can not be made a ground of defense to an action by the landlord to recover the possession of the premises. Fart performance does not, at law, take the case out of the operation of the statute.</p> <p>2. Landlord and tenant—extent of term. Under a verbal lease of premises for five years at a monthly rent, the most that the tenant who has gone into possession can claim is, that the leasing was from month to month, and that he is therefore entitled to thirty days’ notice to terminate the tenancy.</p> <p>3. Same—sufficiency of notice to terminate term. When a tenant goes into possession of real estate under a verbal leasing for a term of five years, at a monthly rental, which is voidable under the Statute of Frauds, the tenancy will be terminated by thirty days’ notice from the landlord showing such intention, although the notice may assign a wrong reason, as, the non-payment of rent.</p>