142 Wis. 97 | Wis. | 1910
The trial court directed a verdict in favor of respondents for $60 rent due for the month of January, 1909, upon the following facts: On November 1, 1907, respondents leased to appellant by a written lease for the term óf sis months from that day the first floor and basement of a certain building at a rent of $60 per month payable on the first of each month in advance. Shortly prior to the expiration of this six months there was a conversation by telephone between the parties which is given by the appellant as follows, respondent speaking:
“ ‘It’s about time to make out a new lease; your lease will expire.’ lie says I got to come over and sign a new lease. I says, 'Mr. Waterman, I won’t sign any more lease;’ I says, ‘I will stay as long as I can; as long as I have to. I refuse to sign any more lease.’ There was nothing more said. I quit talking to him right away.”
The respondent’s version is as follows:
“I asked him if he wanted a new lease for a year. He says, ‘I am going to remain here — got a lease — hold over or renew that lease.’ I told him it was satisfactory to me as long as I understood it that way. The sum and substance of that talk between us was on my part that I wished LeSage to enter into another written lease and he declined.”
“The laws of Wisconsin require tenants renting houses or buildings, when no lease has been signed, to give the landlord thirty days’ notice before vacating said property, and in case a tenant vacates without giving said notice and the premises remain vacant said tenant is liable for rent of said premises for thirty days after he vacates. I earnestly hope all my tenants will observe this law and give thirty days’ notice before vacating. The observance of this law will avoid much misunderstanding and possibly hard feeling, as no one cares to pay rent for vacant property. L. E. Wateuman.”
The appellant assigns error in the ruling of the court directing a verdict for the respondents for the January rent of the premises in question. Our statute (sec. 2187, Stats. 1898) provides that if a tenant for a year or more shall hold over after the expiration of his term he may, at the election of his landlord, be considered a tenant from year to year upon the terms of the original lease. This first appeared as a proviso to what is now sec. 2183, Stats. (1898). It does not 'include the instant case, because the appellant was not a tenant “for a year or more.” In some states by statute such holding over creates a tenancy at will. O'Brien v. Troxel, 76 Iowa, 760, 40 N. W. 704; German State Bank v. Herron, 111 Iowa, 25, 82 N. W. 430. Aside from statutory provisions there is a diversity of judicial opinion regarding the effect of holding over. 1 Taylor, Landl. & T. (9th ed.) § 22. But the weight of judicial authority seems to be that, independent of statute, when the tenant, after the expiration of a term fixed by the lease at one year or less, continues to occupy the leased premises without any new contract, this may, at
We are not able to find in the foregoing evidence anything to warrant an inference by the jury that a new contract was -effected between the parties. The appellant apparently assumed that he had the right at his own will to continue in possession after the expiration of the written lease on terms dictated to the respondents by him but not assented to by the respondents. This, as we have seen, is not the law. The option lay with the respondents. Remaining in possession after having failed to obtain the respondents’ consent to a modification of the terms of -the written lease is all that is necessary to be established in such case in order to entitle the respondents to recover. No rent other than that for January, 1909, is involved in this action, and we express no opinion upon the right of the respondents to recover the rent for February, 1909, after they had put other tenants in possession. It follows that the judgment of the superior court must be affirmed.
By the Court. — Judgment affirmed.