Leindecker v. Schaeffer

194 Ill. App. 508
Appellate Court of Illinois·Decided October 5, 1915·No. Gen. No. 20,553·Published

Opinion

Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. 1. Frauds, Statute of, § 24*—when lease void under. A verbal agreement for a lease for a year to begin in futuro is void under the Statute of Frauds. 2. Landlord and tenant, § 88*—when lessor’s assent to holding over essential to renew term. A tenant under a written lease cannot, by holding over after the expiration of the term, and refusing to surrender possession, create a tenancy at will or at suffranee, for the reason that until the landlord recognizes the new tenancy, by acceptance of rent, or otherwise, the holding over is a mere offer to become a tenant on the terms of the former lease, not assented to by the landlord.

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Leindecker v. Schaeffer, 194 Ill. App. 508 (Ill. Ct. App. 1915).

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