Garner v. Gerrish

New York Court of Appeals · 1984 · Property

Propertylandlord-tenanttenancy at willlife tenancydeterminablelease durationtenant-only terminationdeterminable life estate

Facts

In 1977 Robert Donovan leased a house in Potsdam, New York to Lou Gerrish on a printed form filled in by Donovan. The lease stated that Lou Gerrish had "the privilege of termination this agreement at a date of his own choice," and also gave him thirty days' grace for rent payment. Gerrish occupied the house and, according to his affidavit, always paid the rent stated in the lease. After Donovan died in 1981, the executor of his estate served Gerrish with a notice to quit and sought eviction, claiming the lease created only a tenancy at will.

Issue

When a lease expressly grants the tenant alone the right to terminate the agreement at a date of his own choice, does it create only a tenancy at will terminable by either party, or does it create a determinable life tenancy in the tenant?

Rule

Where a lease expressly and unambiguously grants only the tenant the right to terminate at a time of his choice, and does not reserve a similar right to the landlord, the lease is construed according to its terms as creating a determinable life tenancy in the named tenant, terminating at the latest upon the tenant's death. It is not converted by operation of law into a tenancy at will terminable by both parties.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Albany, New York, Nora Feldman rented a cottage to Isaac Moreno under a signed writing stating that Isaac could occupy the cottage beginning June 1, 2022, and that "Isaac may end this agreement whenever he chooses." The lease set monthly rent and said nothing else about either party's ability to end the tenancy.

If Nora later sells the cottage and the new owner immediately serves Isaac with a notice to quit solely because the lease has no fixed calendar end date, what is the best characterization of Isaac's estate?

Explanation. Where a lease expressly and unambiguously gives only the tenant the right to terminate and does not reserve a similar right to the landlord, it is enforced according to its terms as a determinable life tenancy in the named tenant. The absence of a fixed calendar end date does not make the lease void or convert it into a tenancy at will terminable by both parties. The estate ends no later than the tenant's death, and may end earlier if the tenant chooses to leave.