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Show POPULAR TALKS ON LAW. Landlord and Tenant Extension or Renewal of a Lease. Where there is nothing stated as to who is to have the option on the extension ex-tension or renewal, the law regards the provision as for the benefit of the tenant, ten-ant, and he, and not the landlord, is entitled to exercise the option. If by the words used a landlord agrees to renew the lease at the end of the term, it is clear that the tenant has the option. In order to entitle a lessee to a renewal, re-newal, he must have performed the conditions on his part to be performed, as for instance, the payment of rent when due. AVhere the agreement is that at the end of the term the landlord will give a renewal, the tenant is entitled to a new lease on exactly the same terms as the old one excepting: as to the stipulation for renewal. If the agreement is for a renewal on the tenant giving a certain notice, he must strictly comply with the condition condi-tion or he. will lose his right. r ' Where a lease gives the lessor the right to elect at the end of the term whether or not to renew the lease, such election may be made on or. before the last day of the term. Notice of a landlord's election to renew re-new the lease need nut be in writing? unless the lease so- stipulated, so long as the lease itself contains' all the terms and conditions of the renewal and the tenant is in possession. . It is not necessary as a rule for the lessor to tender to the lessee a r.ew lease. Where the -tenant is to elect he should do so on or before the last' day of the term, and it would be well for ; him to have a k-aso prepared and present it to the landlord tor his signature. sig-nature. An agreement in a lease for the extension ex-tension of the term docs not recuire the making of a new lease at the expiration ex-piration of the old. A tenant is not required to give any notice of his decision to take a renewal re-newal unless the lease so stipulates. The right to a renewal or an extension exten-sion passes, with the lease to any person per-son to whom the lessee's interests may be rightfully transferred; so any one who purchases land after a. lease has I been made, is as much bound by the agreement for a renewal or extension as is the original lessor. A court of equity wiil enforce specific performance of a contract to renew or extend the term. or. the tenant may proceed at law" for damages sustained by a refusal of the landlord to renew the lease.. In other words, the tenant has a right to choose whether he will proceed at law- for damages or in equity for specific performance. A general covenant to renew does not imply the right to a perpetual renewal, and under such conditions the landlord cannot be compelled to renew the lease more than'once. Where the words were "this lease to be renewable at the pleasure of the lessee," a Pennsylvania court held that it implied the right to renewal for at least another term on the same conditions, at the pleasure of the lessee. A provision in a lease that unless three months' notice of an intention to terminate it is given, it shall continue in force' for another term of one year, and so on indefinitely, such notice to be given three months before the termination of any one year, it was held that the contract did not constitute consti-tute a covenant for renewal, but that upon the failure to give such notice the lease would continue in operation. Where the' lessee, "for a term of one year with the privilege of having same for three years at the same rate," covenants that at the end of said term he would deliver up quiet possession of the premises, and he continued in possession after the close of the first year, the court adjudged that he was held for the full term of three years. A New- York case declares that if a lease provides for a renewal and no notice is required to be given and the tenant continues in possession after the expiration of the term of the old lease, this is equivalent to an election to take a further lease and entitles the tenant to hold the premises and ' demand de-mand a new lease. Where the lease provides that there shall be a right of renewal on such terms as may be agreed upon by 'the parties, it is implied that the -lease shall be at the same rent and for the same time, and the agreement is valid. Where the landlord agrees in the lease, that before granting another lease to other parties he will give the tenant the refusal of it, the tenant can not assign his right to another. In most of the states the covenant for a perpetual renewal will be enforced en-forced by the courts. The right to a perpetual renewal will pass to an assignee on the sale of the tenant's interest. in-terest. In California it is held, however, how-ever, that a -covenant for a lease to run indefinitely, at the option of the lessee, is void .as being against the policy of the law. Where there are several lessees and one of them, takes the renewal in his own name pursuant to the provisions of the former jjease, he is held by ; the courts to hol4 the lease as a trustee for the former lessees. It has been , held, too, that where there is no I covenant of renewal and one of the j lessees obtains a renewal in his own name pursuant to the provisions of the ! former lease,, he is held by the courts to hold the le.a,se as .a trustee for the former lessees.; It has been held, too, that where t.H3re; is 710 covenant of renewal re-newal and AV'P-fif the lessees obtains a renewal it own name secretly, the renewal inures to the benefit of all, so that where an executor buys the renewal re-newal of a lease that ran to his testator, testa-tor, he must, hold it in trust for the estate. - The same rule applies to any person occupying the relation of trustee trus-tee for another. A lessor need not give a renewal where the lessee has not lived up to the agreements contained in the lease, or lias committed waste on the premises. Sprague Correspondence Correspond-ence School of Law. . |