141 So. 344 | Miss. | 1932
It is firmly established that where, without a new contract, a tenant continues to occupy the property which he has held under an annual lease, he becomes liable as tenant for another year at the same rate and under the same terms. Love v. Law,
The proof in behalf of appellant shows that during the month preceding the expiration of the lease appellant told the agent of the landlord that appellant desired a reduction in rent, and that, unless appellant could secure a reduction, he would hold only from month to month and until he could find another place. In response to this, the agent made no agreement one way or the other. The only response made by the agent to the appellant was that the agent would take it up with the landlord, but the agent made no commitment in regard to the attitude that the landlord would take. Whether, before the expiration of the term, the agent communicated with the landlord, is not shown as a fact. The term elapsed, and the new period of possession was begun without any further material contact or progress in the matter between the tenant and the landlord or between the tenant and the landlord's agent. In our opinion, this did not fulfill the requisite legal measure in respect to negotiations for a new lease. Such negotiations must amount to more than a request for the consideration of new terms on the side of the tenant and the promise by the agent without any further commitment to refer the question to the landlord on the other, and that was all that happened here. The conversation between the tenant and the agent in respect to a new lease had not brought the transaction into such a state of progress as that it may *221 be considered as having attained to the dignity of negotiations. This was the view taken by the trial courts, and the judgment will be affirmed.
Affirmed.