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Property Keyed to Saxer
Davidson v. Kenney
Facts
John and Una Davidson (Plaintiffs) leased a one-bedroom apartment to Edward Kenney (Defendant). The lease began June 1, 1993 and expired on May 31, 1994, at which point the tenancy continued month-to-month. Rental payments were due on the first day of the month and each rental period ended on the last day of the month. The landlords could terminate the tenancy, but only upon giving notice at least one month before the end of the next rental period. In August 1996, Plaintiffs became dissatisfied with Defendant as a tenant and drafted a termination notice dated August 28. The letter specified that Defendant should vacate by September 30. However, because Plaintiffs had difficulty locating Defendant, the letter was not delivered until September 6, 1996. Defendant did not vacate the apartment on September 30. On October 31, Plaintiffs issued a new letter ordering Defendant to vacate immediately. They filed a Complaint for Unlawful Detainer on November 6. Ultimately, Defendant did not vacate until December 11. He did not pay rent for October, November, or December. On May 22, 1997, the trial court ruled in favor of Plaintiffs, granting a judgment in the amount of $5,121.00.
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