Garner v. Gerrish

In Garner v. Gerrish, 63 NY2d 575, 473 N.E.2d 223, 483 N.Y.S.2d 973 the respondent and the owner of a house entered into a written lease on a printed form that required them to fill in the blanks, including the beginning and ending dates of the duration of the respondent's tenancy. The agreement was entered into in 1977 and when the owner of the house died in 1981 the executor of the estate sought to evict the Gerrish. Relevant here was the language used to describe when the lease will terminate: "Lou Gerrish has the privilege of termination this agreement at a date of his own choice". The issue was whether a lease which grants the tenant the right to terminate the agreement at a date of his choice creates a determinable life tenancy on behalf of the tenant or merely established a tenancy at will. Deciding in favor of the respondent, the Court of Appeals held that the lease "grants a personal right to the named lessee, Lou Gerrish, to terminate at a date of his choice, which is a fairly typical means of creating a life tenancy terminable at the will of the tenant. Thus the lease will terminate, at the latest, upon the death of the tenant. In sum, the lease expressly and unambiguously grants to the tenant the right to terminate, and does not reserve to the landlord a similar right.