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       #Post#: 36--------------------------------------------------
       Crechale & Polles, Inc. v. Smith
       By: SunsetSailor Date: January 27, 2011, 10:25 pm
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       * Tenant says that they created a periodic tenancy
       * Landlord says that the tenant held over and he chose to
       extend the lease (CL states that maximum is equal to or less
       than one year)
       * 1st Layer: What happens when the tenant is first to
       holdover: LL opts to either evict or extend the lease (this LL
       opted to evict in letter from the 6th)
       * 2nd Layer: Eviction is irrevocable…it is still possible
       for the LL and T to enter into a new leasecourt says
       that’s what LL & T does (new lease is month to month)
       RULE:  Once a landlord elects to treat a tenant as a trespasser
       and refuses to extend the lease on a month-to-moth basis, but
       fails to pursue his remedy of ejecting the tenant, and accepts
       monthly checks for rent due, he in effect agrees to an extension
       of the lease on a month-to-month basis
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