Rhodes v. Sigler

Appellate Court of Illinois · Property

Propertylandlord-tenantfarmland leaseyear-to-year tenancyoral leasenotice to quitForcible Entry and Detainer ActStatute of Frauds

Facts

The parties had an oral agreement concerning plaintiff's possession of defendants' farmland. The dispute was whether that agreement was for a fixed one-year term ending February 28, 1974, or instead was an indefinite year-to-year tenancy with annual reservations of rent. It was undisputed that the land involved was farmland and that defendants gave no written notice to terminate by February 28, 1974. The evidence about the parties' conversations and intent was conflicting.

Issue

Whether the oral agreement created a fixed one-year lease that expired without notice, or a year-to-year tenancy of farmland requiring four months' advance written notice to terminate. Also, whether such an oral year-to-year tenancy is invalid under the Statute of Frauds.

Rule

A reviewing court will not reweigh conflicting evidence or disturb the trial court's findings unless they are manifestly without support. Where possession is given under a parol agreement for an indefinite term with annual reservations of rent, a tenancy from year to year is created. A year-to-year tenancy is not invalid under the Statute of Frauds because it is a letting that is completely performed within each year it continues absent the statutory notice of termination.

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

In Peoria, Illinois, Lena Ortiz orally allowed Caleb Morrow to farm 180 acres beginning March 1. They never discussed an end date, but Caleb was to pay rent once each February based on a set annual amount. In late January of the next year, Lena told Caleb by phone that the arrangement would end on February 28, but she never sent anything in writing.

If Caleb seeks possession for the upcoming crop year, which is the strongest analysis?

Explanation. The majority rule is that when a person is given possession under a parol agreement for an indefinite term with annual reservations of rent, a tenancy from year to year is created. For farmland, that tenancy continues unless terminated by the required statutory written notice. A year-to-year tenancy may arise at inception and is not limited to holdover situations.