Wilson v. Rodeman

Citations

• 30 S.C. 210
• 8 S.E. 855
• 1889 S.C. LEXIS 87

Syllabus

<p>■ 1. A notice by a tenant that he will quit “by January 1st,” next, sufficiently indicates his purpose to quit on or before the end of the current calendar year.</p> <p>2. A verbal agreement for lease at $30 a month made on June 1,1882, was indefinite as to time. On October 1,1884, the receipt for rent provided: “On the first of November it will be $40 a month as per agreement.” Held, that the lease continued to be indefinite as to time, and therefore was, under the statute, a tenancy from year to year.</p> <p>3. A tenancy from year to year looks to the end of the calendar year for its termination, without regard to the time when the tenancy commenced ; and this principle applies to leases of city lots as well as of agricultural lands. Floyd v. Floyd, 4 Rich., 23, recognized and followed.</p> <p>4. A tenant from year to year, who gave notice to his landlord on September 30 that he would quit by January 1, next, and did actually vacate the premises before that time, is not liable for rent after the end of the calendar year in which the notice was given.</p>