- 7 - expiration of the term of the lease during which they are affixed. * * * In Earle v. Kelly, 21 Cal. App. 480, 484 (1913), a California district court of appeal held, relying on Merritt and Wadman, that "where the tenant makes a new lease which contains no stipulation giving him the right to remove fixtures which he might have removed during the first term, he loses the right to remove the fixtures." The court further held that when a tenant renews his original lease or holds over after the expiration of his lease and the landlord accepts rent from him, his renewal or holdover creates a new tenancy, and the tenant loses his right to remove trade fixtures. See id. at 484-485. Since Earle, other California district courts of appeal have held that a holdover tenancy is treated as a new lease and not as an extension of the original lease. See Staudigl v. Harper, 76 Cal. App. 2d 439, 451 (1946); Kaye v. M'Divani, 6 Cal. App. 2d 132, 134 (1935). Petitioner argues that FNF's holdover should be treated as an extension of its original term and not a new tenancy. Petitioner cites two California district courts of appeal decisions, Woods v. Bank of Haywards, 10 Cal. App. 93 (1909), and Knox v. Wolfe, 73 Cal. App. 2d 494 (1946), as support for his proposition. In Woods, the tenant held over, with the landlord's consent, under the same terms as the original tenancy except the rent wasPage: Previous 1 2 3 4 5 6 7 8 9 Next
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