Goldsborough v. Gable

Citations

• 140 Ill. 269

Syllabus

<p>1. Landlord and tenant—tenant holding o-uer after expiration of term—rights of landlord. Where a tenant holds over after the expiration of his term, without any new contract in respect thereto, the landlord will have the option to treat him as a trespasser, or waive the wrong of holding over and treat him as a tenant, and the acceptance by the landlord of the rent reserved will amount to an election on his part to continue the tenancy, and the tenancy will be continued on the same terms as before.</p> <p>2. Same-—agreement to reduce rent—want of consideration. Where a landlord, at the request of the tenant, agrees to reduce the rent reserved in the contract of leasing, and there is no evidence tending to show the tenant had surrendered the premises or that he offered to do so, and refused to execute the terms of the lease, or that there was any reason why he could then have surrendered the premises and refused to execute the terms of the lease, such parol agreement to reduce the rent will be void for want of consideration, and the landlord may collect the rent provided for in the written lease.</p> <p>3. Where the tenant is not shown to have changed his position in consequence of the agreement to reduce the rent, and there is nothing to show any injury or loss to the tenant or gain or benefit to the landlord in consequence of such agreement, the latter will not be estopped from demanding and collecting the rent originally agreed to be paid; and such agreement to accept a reduced rent will not have the effect of an executed gift as to the difference in the original rent and that afterward agreed to be taken, when no receipt or release is given for the rent.</p>