No. 6715 | Wash. | Jun 17, 1907
On the 1st day of June, 1906, the plaintiffs made an oral lease of the premises in controversy to the defendant for the term of one year from that date, at a rental of $7 per month, payable monthly in advance. At the time of making the lease, the defendant paid the first month’s rent, and entered into possession of the demised premises. On the 2d day of July following, the monthly rental for July was paid, and on the same date the plaintiffs served a written no
In Richards v. Redelsheimer, 36 Wash. 325" court="Wash." date_filed="1904-12-20" href="https://app.midpage.ai/document/richards-v-redelsheimer-4726276?utm_source=webapp" opinion_id="4726276">36 Wash. 325, 78 Pac. 934, it was held that, “If an oral contract of lease is good at all, it must come under § 4569 [Bah Code], and be construed to be a lease from month to month, and then only where the tenant has been put into possession.”
In Watkins v. Balch, 41 Wash. 310, 83 Pac. 321, the court said:
“An oral lease, therefore, where possession of the property has been taken, is not void in toto, but it may not be a lease for the term agreed upon. If the rent reserved is to be paid periodically it is a lease good for one of such periods, but subject to be terminated at the end thereof, or at the end of any other of such periods. Thus, under the statute, where one enters into the possession of real property under an oral lease for a definite time with periodic rent reserved, he is not a tenant for the time agreed upon, but a tenant from period to period, corresponding to the times on which rent is payable. Such a lease can be terminated, as the statute provides, by written notice given at the prescribed time before the end of such period.”
In this case the lease was oral, the rent reserved was payable monthly, and the tenancy might be terminated by proper notice given the requisite time before the end of any month. The court below properly ruled, therefore, that the appellant was holding over unlawfully after the termination of his ten
Finding no error in the record, the judgment is affirmed.
Hadley, C. J., Fullerton, Crow, Mount, Root, and Dunbar, JJ., concur.