- Petitioner
- Louis Ottofy
- Respondent
- James S. Dunn
- Citation
- G.R. No. 12949
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Fisher, J.
- Decided
- August 7, 1918
Summary
This 1918 Supreme Court case involved a lease contract dispute between landlord Louis Ottofy and tenant James S. Dunn over rent payment obligations after termination notice. The tenant gave 30 days' notice to vacate but the lower courts held him liable for a full month's rent, reasoning that the lease created a month-to-month tenancy under Civil Code provisions. The Supreme Court reversed, distinguishing between conventional terms agreed by parties versus legal terms that apply only when no agreement exists. The Court held that the parties had created a tenancy at will with a conventional term allowing termination on 30 days' notice, not a month-to-month tenancy. Therefore, the tenant was only liable for proportionate rent during his actual occupancy period, establishing important precedent on lease contract interpretation and the application of Civil Code articles 1566 and 1581.