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A.H. Fetting Manufacturing Jewelry v. Waltz

Maryland Court of Appeals

152 A. 434 (1930)

Relevant factsFree

Fetting (defendant) stayed in Waltz's (plaintiff) building for three weeks after its five-year lease expired while the parties negotiated unsuccessfully over a renewal. After finally vacating, Fetting sent one month's rent under the old lease, but Waltz refused it except as payment toward a new one-year lease, then struggled to re-let the space for over a year. Waltz sued for the remaining 11 months' rent under a claimed one-year holdover lease, and the trial court ruled for her.

IssueFree

Whether a landlord has the option of treating a holdover tenant as bound to a new lease term rather than as a trespasser.

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