Estate of James G. Frazier - Page 7




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               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 was             






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