Stein v. Hyman-Lewis Co.

Citations

• 95 Miss. 293
• 48 So. 225

Syllabus

<p>Landlord and Tenant. Lease. Surrender. Acceptance.</p> <p>A tenant during bis term may verbally lease tbe premises from bis landlord for a year beginning at tbe expiration of tbe prior lease; * but, having done so, bis notification to tbe landlord before tbe end of tbe prior lease that be would surrender tbe premises at its expiration and tbe landlord’s failure to make objection thereto or to inform tbe tenant of an intent to bold him for rent under tbe new lease was, as a matter of law, an abandonment of tbe verbal lease and precludes liability for rent thereunder, where tbe tenant actually surrendered tbe premises at tbe end of the prior lease and tbe landlord procured other tenants, although at a less rental, for tbe. new term.</p>