Prescott v. Smits
Vermont Supreme Court
505 A.2d 1211 (1985)
Relevant factsFree
The Smitses (defendants) orally agreed to lease a farm from the Prescotts (plaintiffs) for a purported three-year term -- invalid as unwritten -- and agreed to pay annual rent, but vacated and stopped paying after only about five months due to property issues. The Prescotts sued for nonpayment, and the trial court found the invalid three-year lease had become a year-to-year tenancy, holding the Smitses liable for a full year's rent minus what they had paid.
IssueFree
Whether a tenancy at will is converted into a year-to-year tenancy if a tenant agrees to pay annual rent and then pays in accordance with that agreement.