Haggerty v. Maley

Citations

• 35 Ohio C.C. Dec. 835
• 32 Ohio C.C. (n.s.) 505
• 45 Ohio Dec. 835
• 1919 Ohio App. LEXIS 294

Syllabus

<p>LANDLORD AND TENANT</p> <p>1. Oral- Lease from Year to Year After Expiration of Lease for Term Competent.</p> <p>“A” was in possession of real estate as lessee under a lease for five years containing a privilege of renewal upon the lessee’s giving ninety days’ notice prior to the expiration of the term, the additional term to be at an advanced rental. No notice of an intention to exercise the privilege was given. “A” held over, paying the advanced rental for two and a half years and then vacated the property. Held: “A” may show an agreement for a year to year tenancy made after the expiration of the first year.</p> <p>2. Tenant after Term at Option of Landlord Becomes Tenant from Year to Year.</p> <p>When the lease is for a term of years and the tenant stays beyond the term of the lease, he becomes, at the election of the landlord, a tenant from year to year where there has been no renewal provided for in the lease itself.</p> <p>3. Bill of Particular's in Action Dismissed by Landlord Competent in Second Action.</p> <p>Where, upon abandonment, the landlord sues lessee, alleging that on the date of the new term, by virtue of an agreement between parties, the lease was extended a year, and that a like agreement was entered into for a second year, and then dismisses the suit, and “A” in a second suit offers the bill of particulars filed in the prior suit which was objected to and was excluded. Held: error.</p> <p>4. Payment of Taxes by Tenant through Mistake Gives Landlord no Right to Recover Taxes not Paid.</p> <p>The lease, making no provision for the payment of taxes, the fact that while ignorant of his rights, the tenant reimbursed the landlord upon his demand for taxes paid on the leasehold premises, confers no legal right on landlord to recover taxes which tenant did not pay.</p>