#### Jake Falkin, Appellee, v. Samuel Kunin, Appellant.

Gen. No. 22,749.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 23 * —u>hat does not constitute lease for new term. A lessor’s promise to the lessee to extend the lease for a subsequent term of years after the expiration of the term specified in the lease does not constitute a lease for such subsequent term nor entitle the lessee to hold over after the term specified in his lease has expired.

2. Forcible entry and detainer, g 45*—who is proper party to maintain action against lessee of old lease. The lessee of a new lease is the proper party to maintain an action in forcible detainer against the lessee of an old lease who holds over after the expiration of the term specified in his lease.

3. Forcible entry and detainer, § 29*—when notice as prerequisite to action of forcible detainer is unnecessary. Where a land*485lord has rightfully terminated a tenancy hy notice, it would not be necessary to give further notice to commence an action of forcible detainer.

*484Appeal from the Municipal Court of Chicago; the Hon. Arnold Head, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed March 26, 1917.

Statement of the Case.

Action by Jake Falkin, plaintiff, against Samuel Kunin, defendant, in forcible detainer. From a judgment for plaintiff upon an instructed verdict, defendant appeals.

George E. Sankstone, for appellant; George F. Ort, of counsel.

John F. Haas, for appellee; Morris Kompel, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.

*4854. Landlord and tenant, § 437 * —when tenant no election as to holding over. Where a tenant holds over for a year or years after his term expires without any new agreement, the landlord may at his election treat such tenant as a trespasser or as a tenant for another year on the same terms as in the original lease, but the tenant has no such election.

5. Forcible entry and detainer, § 31*—when demand for possession unnecessary. No demand for possession is necessary before bringing an action of forcible detainer against a tenant holding over after expiration of the term specified in his lease.