Davidson v. Kenney

971 S.W.2d 896 (1998)

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Nature of the Case

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Facts

P leased an apartment to D for one year. The lease provided that if a new lease were not signed at the end of the original lease term, the tenancy would continue as a month-to-month tenancy with all of the other conditions remaining the same. D continued to live in the apartment after the original lease term expired. On September 1, 1995, D increased P's rent to $450.00 per month and increased the fees for late payment to $5.00 per day. By the end of August 1996, P became dissatisfied with D's conduct and care of the premises and decided to terminate his tenancy. They drafted a letter to vacate by September 30, 1996. The letter was dated August 28, 1996. P did not serve D with the notice to vacate until he delivered his September rent check to them on September 6, 1996. The notice obviously was not served 30 days prior to September 30, 1996, the date on which the notice required D to vacate the property. D remained in the apartment for the month of October 1996 but failed to pay the rent for that month. On October 31, 1996, P gave D a new letter notifying him to vacate the premises immediately. D continued to remain in possession of the apartment and again failed to pay his November 1996 rent. On November 6, 1996, P filed a Complaint for Unlawful Detainer. D vacated on December 11 and did not pay rent for October, November, or December. The trial court gave P the judgment for $5,121.00. D appealed.