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Sinclair Refining Co. v. Shakespeare

Colorado Supreme Court

175 P.2d 389 (1946)

Relevant factsFree

Tenant Shakespeare (defendant) remained on Sinclair's (plaintiff) property for months after its five-year lease expired, despite earlier notifying Sinclair he'd vacate; after two months of holdover, Sinclair elected to treat Shakespeare as bound to a new lease term and demanded overdue rent, and Shakespeare eventually vacated after paying rent for the four-month holdover period, disputing that he owed anything beyond that. The trial court found Shakespeare liable for a full year's additional rent and declared him bound to another five-year term.

IssueFree

Whether, rather than evicting a holdover tenant, a landlord may choose to treat the tenant as having agreed to a renewal of the entire lease term.

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