Smith v. Allt

Citations

• 7 Daly 492
• 4 Abb. N. Cas. 205

Syllabus

<p>While the law is well settled in this State, that where a tenant lor a year or more holds over the term the landlord has th'e option to treat him as a trespasser, or as a tenant for another year upon the same terms as those of the lease under which he had been occupying the premises; yet every continued occupation of the premises after the expiration of the term is not a holding over within this rule; and where upon the evidence it is not clear as to whether the tenant was not, with the consent of the landlord, remaining only pending negotiations for a new lease, with the understanding that in case a new lease was not made the tenant should surrender the premises and not be liable for any rent accruing thereafter, the question of whether or not there was a holding over should be submitted to the jury.</p>