Tenancy for Years Becoming a Tenancy at Will

[herdofturtles]

Womak v. Hyche

Non-payment of rent does not terminate the estate. Mutual provisions—one side breaching, damages can be sought but does not terminate.

Lease must - be exclusive. Provide control over specific location. Not always unregulated.

II. Facts of the Case

A. Initial Lease Agreement:


1. Annual rental fee $300.


2. "for as long as a business for profit is run."

III. Legal Issue

A. When does the lease terminate


• Whether the lease is a tenancy for years or a periodic tenancy, and as a result, whether the lease can terminate while Hyche is running a business for profit




IV. Arguments

A. Womak's Argument:


• Since there is no specific end date, the lease cannot be a tenancy for years. The tenancy is proposed to be a tenancy at will.

B. Hyche’s Argument:


• Argues that she has a tenancy for years. The estate for years 'specific date' is as long as she renews and runs a business for profit.

V. Court’s Holding

The court held that the lease was a tenancy at will.

VI. Reasoning

A. Specific time


• The lease was a tenancy for years for the first year, because the rent was an annual payment of 300. However, "for as long as a business for profit is run" is not a calculable time. Because it cannot be calculated, the tenancy became a tenancy at will after the first year.

VII. Conclusion

General renewal option is good for one renewal period and then it becomes a tenancy at will.