Stoppelkamp v. Mangeot

Citations

• 42 Cal. 316

Syllabus

<p>Changing Terms of Lease by Landlord.—The mode of changing the terms of a lease upon notice by the landlord, depends wholly upon the statute; and the cases in which such changes can be made are limited to those in which it is expressly authorized.</p> <p>Estates by Lease—Time Specified, and Time Indefinite.—A lease for a specified period of time, as for one month, creates an estate substantially different from that created by a lease for an indefinite period, with rent payable monthly, or by a lease from month to month. Where the time is specified, the lease terminates by the mere lapse of time. No notice is necessary to entitle the landlord to reenter, or to enable him to recover possession. But where the lease is from month to month, the lease does not terminate by the mere lapse of time—neither party can terminate the relation without notice to the other in advance.</p> <p>Tenancy for Tears, and from Tear to Tear.—If a tenant for years holds over with the consent of his landlord, express or implied, paying yearly rent, without any further arrangement as to time, the tenancy may thus be converted into a tenancy from year to year.</p> <p>Tenancy for Tears.—A tenancy for the specified period of one month is a tenancy for years, and not a tenancy from year to year, or from month to month.</p> <p>Tenancy from Month to Month.—A tenant for the specified period of one month, who holds over with the consent of his landlord, thereby becomes a tenant from month to month.</p> <p>Idem—Bepudiated by act of Landlord.—S. sued M., alleging that he had leased certain lots to M. for one month, for twenty-five dollars; that fifteen days before the close of the month he gave notice, in writing, under the Forcible Entry and Detainer Act of 1863, that the rent for the next month would be five hundred dollars, payable in advance; that M. had held over, and had failed to pay the rent; held, that by giving the notice of a change of terms before a tenancy from month to month commenced, a