DIR Return Create A Forum - Home
       ---------------------------------------------------------
       Kanagaroo Kort
  HTML https://kangarookort.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Property
       *****************************************************
       #Post#: 35--------------------------------------------------
       Garner v. Gerrish
       By: SunsetSailor Date: January 27, 2011, 10:25 pm
       ---------------------------------------------------------
       FACTS:  Donovan granted a lease of a house to Gerrish (D).  The
       lease contained a clause granting Gerrish (D) the ability to
       terminate the lease at the date of his choice.  No such right
       was reserved for the lessor.  Upon Donovan’s death, the
       administrator (P) attempted to evict Gerrish (D), claiming that
       the will was indefinite as to time, and therefore a tenancy at
       will had been created.
       PROCEDURE:
       * Trial Court: found for the plaintiff, D appealed
       * Court of Appeals: Reversed
       RULES:
       * A lease may provide for termination at the will of the
       tenant only (BRIEF)
       1. Language like that creates a life estate that is
       determinable b/c of the unilateral right of the tenant to cut it
       short
       * The lease…simply grants a personal right to the named
       lesee to terminate at a date of his choice, which is a fairly
       typical means of creating a life tenancy terminable at the will
       of the tenant…Thus the lease will terminate, at the latest, upon
       the death of the named lesee.  The fact that is may be
       terminated at some earlier point, if the named tenant decides to
       quit the premises, does not render it indeterminate.  Leases
       providing for termination upon the occurrence of a specified
       event prior to the completion of an otherwise fixed term, are
       routinely enforced even when then event is within the control of
       the lesee
       *****************************************************