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recurring tenancy. See 51C C.J.S., Landlord and Tenant, sec. 145
at 438 (1968); 49 Am.Jur.2d, Landlord and Tenant, sec. 130
(1995). In those jurisdictions that view the tenancy as
recurring, the tenancy ends and recommences at the expiration of
every month. See 51C C.J.S., Landlord and Tenant, sec. 145 at
438 (1968). It is not clear from the case law whether Nebraska
views a month-to-month tenancy as continuous or recurring.
Nevertheless, we find that the initial agreement between the
Partnership and BMS was replaced by the November 1, 1989,
agreement.
The 1989 agreement decreased the monthly rental from $915 to
$720. It also decreased the office space rented from
approximately 1,270 square feet to approximately 1,000 square
feet.6 These changes to the material terms of the lease
incorporated in a complete contract executed by the parties are
inconsistent with the initial agreement between the parties. The
intent of the parties that the 1989 agreement supercede the
earlier agreement is evident in the documents themselves.
Thus, the rental income received by the 1203 Partnership
from BMS during the years in issue is not attributable to a
written binding contract entered into before February 19, 1988.
6 Because the space rented by the PC was described as the
1203 office building, “except that portion of said building
occupied by Business Management Services”, the decrease in the
space rented by BMS resulted in an increase in the space rented
by the PC.
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