Ryland
Ryland v. Appelbaum
Opinion
Lead Opinion
Knight, J.
Unlawful detainer. On April 10, 1920, plaintiffs leased certain real property to defendants for a term of three years, commencing May 1, 1920, and ending April 30, 1923, under a written lease, which provided for a surrender of the premises at the expiration of the term, and also that “should the said lessee hold over the term herein created, such tenancy shall be from month to month only, and be on the same terms and conditions herein stated. ’ ’ On January 17, 1923, the lessees were personally served with written notice, signed by the lessors, to the effect that the lease would “terminate and end on the 30th day of April, 1923, at twelve (12) o’clock midnight,” and that the defendants would be required to vacate said premises and surrender and deliver the possession of the same to plaintiffs “on or before April 30, 1923.” Subsequently, on April 20, 1923, by a letter written by plaintiffs’ attorney, the defendants were reminded of the previous notice served upon them by the lessors, to the effect that the lease would not be renewed, and suggesting that if defendants would consult an attorney they would be advised that they had no right to continue the occupancy of said premises…