209 Wis. 581 | Wis. | 1932
The relation of landlord and tenant was first entered into by the parties and the premises occupied by the respondent in August, 1926. Appellant then leased to the respondent the apartment for the term of one year, rent to be paid each month. Each year thereafter a new lease was drawn and duly executed. The last written lease by its terms fixed its expiration as of August 31, 1930. No written lease was entered into after that date. The respondent continued to occupy the premises until May 31, 1931.
The contention on the part of the respondent is that after August 31, 1931, he occupied the premises in question as a tenant from month to month and that this tenancy was duly terminated on the 31st day of May, 1931, by giving the required thirty-day notice.
The trial court found that in May, 1930, the tenant notified the landlord of his intention to vacate the premises at the expiration of the lease, August 31, 1930, unless he could stay as a tenant from month to month. The conversation or negotiations were carried on between the agent for the respondent and agent for appellant. The arrangement was somewhat informal, but the evidence concerning it raised a judicial question and warrants as a reasonable inference therefrom the conclusion reached by the trial court. There were circumstances tending to sustain the claim of respondent found in the fact that each succeeding year of occupancy by the respondent the appellant had caused to be executed a formal written lease for the succeeding year. Because of the arrangement of May, 1930, the usual lease for the year was not presented to the respondent for execution.
By the Court. — Judgment affirmed.