chapter 24, case 2

chapter 24, case 2 - ADM 3360 A Kevin Spence 4476793...

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ADM 3360 A Kevin Spence 4476793 Chapter 24: Case 2 In the case between Kruger and Pool Corp., there is a good change that Pool will succeed in its action against Kruger. Kruger and Pool entered into a term certain lease for eight months (January 1 to August 31) for a rent of $3,000 due each month. At the expiry date, August 31, the term certain lease expires and the premises should be surrendered over to Kruger. However, Pool remained in possession of the premises so Pool would be classified as an overholding tenant and the tenancy would be classified as a tenancy at sufferance. Pool, however, made payment of the rent for September. Kruger accepted this payment of rent, and by doing so, a periodic tenancy came into effect. A periodic tenancy is “a leasehold interest that renews itself automatically on the last day of the term for a further term of the same duration, unless either the landlord or the tenant serves notice to bring the tenancy to an end” 1 . The periodic tenancy that was formed was based on the original term certain lease which required Pool to pay $3,000 per month. After September passed and Pool forwarded another $3,000 cheque to Kruger for October’s rent, Kruger
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This note was uploaded on 09/13/2011 for the course ADM 3360 taught by Professor Levasseur,sylvie during the Winter '09 term at University of Ottawa.

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chapter 24, case 2 - ADM 3360 A Kevin Spence 4476793...

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