Sutherland v. Drolet

1913

Court: WI Supreme Court

Facts: Sutherland buys a building that comes with Drolet, a month-to-month tenant already in it. They had an oral agreement that Drolet could stay there until the building was sold. Drolet kept paying his rent, in advance. The building gets sold, and Drolet gets a note saying that he needs to vacate at the end of the month. He declines to do so, because the notice was insufficient-- it did not terminate at the end of a month.

Posture: Dunno.

Issue: How do we get this guy out of the apartment?

Holding: Follow the statute.

Rule: The statute says you have to give one month's notice in order to terminate a month-to-month lease. In writing.

Reasoning: This is done to mediate uncertainty, and it's the standard in most states. No point in giving a statute any kind of new construction.

Dicta: