Secor v. Pestana

Citations

• 37 Ill. 525

Syllabus

<p>1. Landlord and tenant—notice to quit. When a tenancy is for a fixed period, and the term thus expires by its own limitation, the tenant is then bound to surrender, and no notice to quit is necessary.</p> <p>2. The act of 1861, on the subject of notice, applies only to tenancies of uncertain duration, as tenancies from year to year, in which sixty days’ notice is required, and tenancies by the month, or for any time less than one year, when the tenant holds over without any special agreement, when thirty days’ notice is required.</p> <p>3. Tenancy from year to year—what constitutesv Premises were leased by writing for a term to expire on the 1st of May, 1863. Afterwards, by a verbal agreement, the tenant leased the same until the 1st of May, 1864. Held, that this did not constitute a tenancy from year to year.</p> <p>4. Estoppel—effect of notice to quit when not required. The fact that a landlord has given his tenant notice to quit, when from the character of the tenancy no notice was required, will not commit the landlord as to the nature of the term; but he may repudiate the notice and place himself on the true ground.</p> <p>6. Evidence—admissions—to whom they should he made. Where a tenant has made admissions or declarations as to the character and extent of his tenancy, they are admissible against him in a suit between him and his landlord in respect to the possession, no matter to whom they were made. It is not essential that such admissions, to be available, should be made to the party or his agent.</p> <p>6. Instructions—should he relevant. It is proper to refuse an instruction asked by a party in an action of forcible detainer, which is based on the idea of a tenancy from year to year, when that was not the nature of the tenancy about which the controversy existed.</p>