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1 Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/resdplltnt0029 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.5 Periodic Tenancy W.D.Okl.2015. Com. (d) quot. in sup. Corporation owning smoke shops brought a claim against the Drug Enforcement Administration (DEA), seeking, among other things, injunctive relief preventing defendant from instituting forfeiture proceedings against plaintiff or plaintiff s landlord. Defendant moved to dismiss plaintiff's complaint, claiming that plaintiff lacked any constitutionally protected interest in the property it occupied since it maintained merely a tenancy-at-will. This court denied defendant's motion. In the course of its discussion, the court cited Restatement Second of Property: Landlord and Tenant § 1.5, Comment d, in support of its finding that plaintiff s periodic tenancy could be presumed from the payment of rent at set intervals. Because the court found that plaintiff's complaint sufficiently alleged a presumptive periodic tenancy, rather than a tenancy-at-will, it concluded that plaintiff properly alleged a protected interest in the property. Ziggyl Corp. v. Lynch, 123 F.Supp.3d 1310, 1318. Ala.App.2015. Com. (f) cit. in case quot. in ftn. Landlord filed an unlawful-detainer claim against tenant who had not moved out at the end of the leasehold period, alleging that defendant was a holdover tenant because plaintiff had provided a notice of nonrenewal of the lease, and that defendant failed to pay rent for the month that he had occupied the property after the lease ended. The trial court granted summary judgment for plaintiff. This court reversed and remanded, holding that plaintiff failed to establish that the lease had not automatically renewed, given that the notice was not served upon defendant 30 days before the lease expired. The court explained that the lease provided that it would automatically renew unless at least 30 days' notice was provided, and, citing Restatement Second of Property: Landlord and Tenant § 1.5, Commentf, noted that plaintiff was then required to give a month's prior notice to end the month-to-moth periodic tenancy. Woodruff v. Gazebo East Apartments, 181 So.3d 1076, 1080. CHAPTER 2. FORMALITIES REQUIRED FOR CREATION OF LANDLORD-TENANT RELATIONSHIP § 2.2. Formal Requirements of a Writing Under the Statute of Frauds Wash.2015. Cit. in disc. Mobile-home landlord filed an unlawful-detainer action against tenant who refused to pay increases in rent, alleging that the provision in the parties' lease that limited plaintiff s ability to increase the rent when the lease was renewed was invalid and unenforceable. The trial court entered judgment for plaintiff; the court of appeals reversed. This court affirmed and remanded, holding that the lease satisfied the applicable statute of frauds. The court determined that the applicable statute A L l For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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