Estate of James G. Frazier - Page 8




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          increased and the term was limited to month to month.  See Woods             
          v. Bank of Haywards, supra at 94, 96.  The court held that the               
          tenant's "continued occupancy of the premises must be regarded as            
          an extension of the [prior] lease".  Id. at 96.                              
               In Woods, however, the original lease contained a provision             
          which allowed the tenant the right to remove its trade fixture               
          (contractual right of removal).  See id.  The court read this                
          contractual right of removal into the holdover tenancy.  See id.             
               In Knox v. Wolfe, supra at 502, the court held that a                   
          tenant's holding over did not result in a new tenancy but only               
          extended his original tenancy.  As in Woods, the original lease              
          in Knox contained a contractual right of removal.  See id. at                
          499.  The Knox lease additionally provided that any holdover                 
          would be "upon all of the terms and conditions" of the original              
          lease.  Id. at 501.  The court, therefore, found that the                    
          tenant's contractual right of removal was carried over from the              
          original lease into the tenant's holdover tenancy.  See id. at               
          502.                                                                         
               In the case at bar, there was no contractual right of                   
          removal in the original lease.  Furthermore, the original lease              
          did not provide that any holdover was "upon all of the terms and             
          conditions" of the original lease.  Therefore, Woods and Knox are            
          distinguishable from the case at bar.                                        







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