164 Md. 653 | Md. | 1933
delivered tbe opinion of tbe Court.
Tbe single point raised on this record is tbe correctness of tbe court’s overruling a demurrer to tbe appellee;s declaration as supplemented by its bill of particulars demanded by the appellants. The suit was instituted by tbe appellee to recover six months’ rent for premises located at Dundalk, Baltimore County, Maryland, and occupied by tbe appellants from February 1st, 1929, to January 31st, 1931, under the provisions and terms of a lease executed by tbe parties on ■January 22nd, 1929; tbe appellants (hereinafter called tenants) having removed from and vacated tbe property on January 31st, 1931, without any notice having been given by either party of their determination to terminate tbe tenancy. Tbe lease was filed, and appears in tbe record, as a part of tbe bill of particulars.
Tbe solution of tbe question before us depends upon tbe construction of tbe lease, a part of which was typewritten and tbe remainder printed. It is contended by tbe tenants that there is an irreconcilable conflict or repugnancy between tbe typewritten and printed portions, in which case tbe provisions of the typewritten portion control and must be given effect. Assuming tbe correctness of tbe contention that these parts of tbe lease are in irreconcilable conflict, there can be
The lease provides:
“That said lessor” (appellee) “doth hereby lease unto said lessee” (appellants) “and said lessee doth hereby hire and take for the purpose of conducting therein (but for no other purpose) a general house furniture and furnishing business, such as the lessee conducts at 316 ÍT. Eutaw Street, Baltimore, Md., all that store premises at Dundalk, Md., being store rooms numbers 9, 10 and 11, in the Dunleer Apartment Building and known as numbers 57, 59 and 61, Shipping Place, for the term of two (2) years beginning on the 1st day of Eebruary, 1929, and ending on the 31st day of January, 1931, at the rental of two hundred and twenty-five dollars ($225) per month for the first year and two hundred and thirty-five dollars ($235) per month for the second year payable to said lessor monthly in advance on the first day of each and every month, at such place as said lessor may from time to time ■direct, without demand made therefor.”
The two particular provisions which are claimed to be in conflict or'repugnant, the first of which is typewritten and the second printed, are as follows:
“(1) Lessor gives and grants to the lessee the right and privilege of an additional term of three (3) years, upon the same terms and conditions, except that the rental shall be at the rate of two hundred and seventy-five dollars ($275) per month; provided, however, that this right and privilege shall become void unless the lessee shall give to the lessor, on or before Hovember 1, 1930, notice, in writing, of lessee’s intention to renew the lease; the receipt of such notice, with the lessor’s acknowledgment thereof, in writing, shall constitute the renewal. (2) That either party hereto may*657 terminate this lease at the end of said term, by giving the other written notice thereof at least three months prior thereto, but in default of such notice this lease shall continue upon the same terms and conditions as are herein expressed for a further period of one year and so on from year to year unless or until terminated by either party giving to the other three months’ written notice for removal previous to the expiration of the then current term.”
Neither of the parties gave notice to the other of intention to terminate the lease as provided, in the printed section -h nor did the tenants exercise the right or privilege granted them by the typewritten portion of the lease quoted. In this situation the tenants vacated and moved from the property on January 31st, 1931, the .date of the expiration of the term designated in the lease. The tenants’ contention is that the typewritten portion of the lease has the effect of obliterating and rendering of no effect the printed portion beeause of their repugnancy, and, that being true, they were at liberty to vacate at the expiration of the original two-year term. The landlord’s contention is that these two provisions are not repugnant, and that the tenants having failed to- give notice to terminate as provided in the printed portion, within the time therein stated, after the expiration of the original two-year term they became tenants from year to year, which tenancy would continue unless notice of intention to terminate the tenancy by either of the parties be given to the other party in accordance with the explicit provisions contained in the printed section.
We are of the opinion that the construction contended for by the appellee is a rational interpretation, giving effect to the whole contract, and must be adopted. This contract created a lease for a definite term of two. years, and further provided that, unless written notice be given by either of the parties to the other, at least three months before the expiration of that term, of an intention to terminate, such non-action would create, after the expiration of the original term, a tenancy from year to year, to continue until termi
It has been suggested that the landlord was entitled to give notice of his determination to terminate the lease on or before three months prior to the expiration of the two-year term, and if this was done it would defeat the right of the tenants to exercise their privilege of the three-year renewal.
If tbe tenants desired to be released from a continuation of tbe tenancy after tbe expiration of tbe original two-year period, they could have accomplished this by tbe clearly set forth and simple expedient of giving the required notice to tbe landlord. Failing to do this, they alone are responsible for tbe existence of tbe obligation to pay tbe rent, even after they have vacated and removed from tbe premises.
There was no error in tbe order of tbe lower court overruling tbe demurrer; and tbe judgment appealed from must be affirmed.
Judgment affirmed, with costs.