Sec. 47a-3d. (Formerly Sec. 47-22). Holding over not evidence of new lease. Determination of monthly lease. - Connecticut Statutes

      Sec. 47a-3d. (Formerly Sec. 47-22). Holding over not evidence of new lease. Determination of monthly lease. Holding over by any lessee, after the expiration of the term of his lease, shall not be evidence of any agreement for a further lease. Parol leases of lands or tenements reserving a monthly rent and in which the time of their termination is not agreed upon shall be construed to be leases for one month only.

      (1949 Rev., S. 7106; P.A. 79-571, S. 1.)

      History: Sec. 47-22 transferred to Sec. 47a-3d in 1979; P.A. 79-571 restated provisions.

      Before this statute a tenant under a lease for one year holding over was responsible for another term on the same conditions. 9 C. 338. Under this statute mere holding over no evidence of new lease. 66 C. 432. To constitute a lease from month to month under this section, three things are requisite: a parol lease, a monthly rent and no agreed time for the termination of the lease. 67 C. 570. Lessor's duty to repair, under lease within statute. 73 C. 173; 74 C. 710; 131 C. 76; 132 C. 50. Effect of holding over after tenancy for one month. 74 C. 610; 80 C. 504; So, after oral lease for term of years with annual rental. Id., 453. Parol lease with monthly rental, to continue as long as lessee desires, is in statute. Id., 607. Oral lease for three years not in statute. 82 C. 413. Effect of lease reserving rentals weekly, monthly or yearly, with no definite termination. 83 C. 407; 94 C. 458. Written lease for definite term not in statute. 91 C. 152. Holding over on monthly rental after termination of five year lease is tenancy from month to month. 94 C. 456. Effect of holding over after ten year lease with power of renewal unexercised. 95 C. 465. Payment of rent by tenant holding over did not constitute new lease. 115 C. 291. Effect of holding over covered by terms of lease. 116 C. 86. Where offer and acceptance of new lease not clear, holding over is within the statute. 119 C. 428. A tenancy may be renewed, where, in addition to holding over, there is acquiescence by the landlord. Id.; 128 C. 497. Cited. 125 C. 551. Statute applied with reference to damages under Emergency Price Control Act. 131 C. 131; 132 C. 58. Where there is dispute as to any essential terms of new tenancy, no lease can be implied from tenant's holding over. 136 C. 603. In month to month tenancy, when landlord insists on one rental and tenant on another, there is no meeting of minds and no contract. 137 C. 513. Cited. 148 C. 21. Cited. 140 C. 219. Cited. 196 C. 591.

      Cited. 5 CA 302. Cited. 16 CA 574. Cited. 33 CA 570. Cited. 43 CA 113.

      Cited. 18 CS 491. Where there is no agreement as to terms of continued occupancy by tenant at sufferance, he is liable for reasonable rental value of premises. 23 CS 504. Cited. 38 CS 683.

      Where lease includes provision for lessee's option to extend lease and no notice of extension is required by lease, mere continuation of occupancy, at end of original term, is sufficient exercise of option. 2 Conn. Cir. Ct. 34. Tenant on month-to-month basis who refused to pay increased rent and vacated premises but left in full operation a large commercial sign, held liable for reasonable value of continued use and occupancy. 5 Conn. Cir. Ct. 427.