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Jacob Siegel and Lena Siegel, Appellees, v. Da

LANDLORD AND TENANT, § 7 — when tenants holding over after expiration of lease were tenants from year to year. In forcible detainer action where issue presented was nature of tenants' occupancy after expiration of lease, and it appeared that no new agreement was made as to tenancy after lease expired, defendants were permitted to remain in possession, and plaintiffs, upon lawyer's advice, made notation "for month to month tenancy" on back of receipt for second month's rent, held that defendants held over as tenants from year to year and forcible detainer action could not be maintained in absence of statutory notice (Ill. Rev. Stat. 1943, ch. 80, par. 5; Jones Ill. Stats. Ann. 72.05).

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed February 14, 1946; released for publication February 26, 1946.

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SIEGEL v. DAVIS
(Feb 14, 1946)