Crowder v. Virginian Bank of Commerce, Inc.

Citations

• 127 Va. 299
• 103 S.E. 578
• 1920 Va. LEXIS 51

Syllabus

<p>1. LANDLORD AND TEwANT-Leas~ for Two Years-Piiviie.qe of Re%ewal for Two Additional Years-E~encise of Pri~.ilegc.Property was leased for a period of two years, from the date of lease, with the privilege to the lessee of renting the property for two additional years, at an additional rent of $5 per month. At the expiration of the two years, nothing was said by the parties, but the lessee continued to occupy the premises, paying the additional $5 per month for nine months, and then gave notice of an intention to surrender the property at the expiration of three months.</p> <p>Held: That the lessee only had the option of taking the property for two additional years and not for one year, while the landlord had the right to increase the rent $5 per month, and that the irresistible conclusion from the action of the parties was that each exercised the precise privilege accorded by the contract.</p> <p>2. LANDLoRD AND TRNANT-Tenancy from Year to Year-Ho ldinç Over.-While it is true that a tenancy from year to year arises by implication when a tenant from a fixed term continues to hold over without any new agreement or understanding with his landlord except the payment and acceptance of the rent, it is also true that, if he continues to hold under any agreement, that agreement determines the relation of the parties.</p> <p>3. LANDLORD AND TRNANT-Succes~ive TermD-Te~iant - Holdin~ Over.&emdash;Where the lease demises successive terms, to be held at the option of the tenant, and the tenant holds over possession from one term into another, his succeeding possession is held under the lease for the succeeding term demised.</p> <p>4. LANDLoI~n AND TENANT-Aba.ndoninent of Pre'inise~ by Lessee ase, without the consent of his landlord, does not thereby exonerate himself from1 the payment of rent for the residue of the term, and the landlord, where the tenant has violated his- con- tract, is not required to relet for the benefit of the tenant, Right of Landlord Minirni~ing Damages.