441.050. Tenancy from year to year, how terminated.
Tenancy from year to year, how terminated.
441.050. Either party may terminate a tenancy from year toyear by giving notice, in writing, of his intention to terminatethe same, not less than sixty days next before the end of theyear.
(RSMo 1939 § 2969)Prior revisions: 1929 § 2583; 1919 § 6879; 1909 § 7882
CROSS REFERENCE:
Service of notice, generally, RSMo 1.190
(1957) Fact that tenant held over eleven days after expiration of written lease did not of itself create a new tenancy from year to year, and tenant had no interest in premises condemned under action filed on 12th day. Millhouse v. Drainage Dist. No. 48 of Dunklin Co. (A.), 304 S.W.2d 54.
(1964) Trial court reasonably have found that oral agreement between plaintiff and defendant that plaintiff would get one-third of crops and pay one-third of combining and fertilizing, where no fixed rental was agreed upon and defendant did not even pay rent in cash, no discussion was had as to length of term, defendant furnished his own seed and decided what crops to plant and used his own equipment, did not constitute a tenancy from year to year and therefore defendant was not entitled to sixty days' notice. Smith v. McNew (A.), 381 S.W.2d 369.