Leases for an indefinite period

We have so far been discussing the situation where the lease was for a fixed term. If, on the other hand, the parties did not agree on the duration of the lease and concluded their contract for an indefinite period, then either of the parties could unilaterally terminate the lease at any time.

^lcs Ulp. D. 19. 2. 13. 11; for details, see Frier. Landlords and Tenants, pp. 165 sqq.

^1(B In cases of agricultural lease, the relocatio according to Ulp. D. 19. 2. 13. 11. was from year to year: the tenant allowing for the "planting of seeds, reaping etc., would need a year fully to derive benefit from the holding over" (Thomas, TRL, p. 295); this was different in the case of domestic premises or immovables. It is unclear, however, how far Ulp. D. 19, 2, 13, 11 can be accepted as being genuinely classical (cf. e.g. Mayer-Maly, Locatio conductio, pp 220 so,).

Cf. eg. Gluck, vol. 17, pp. 278 sqq.; Vangerow, Pandekten, § 644.

^ffl Ulp. D. 19, 2, 13, 11 ("... hoc enim ipso, quo tacucmnt, consensisse videntur"; Kaser, RPr I, p. 229; RPr II, p. 88). In canon law (Liber Sextus, Lib. V, Tit. XII, De rcgulis iuris, XLII1) this became "qui tacet, ccmsenrire videtur").

¹¹² "Motive", in: Mugdan, vol. II, pp. 230 sqq.

¹¹³ BGH, 1980 Neue Juristische Wochenschrift 1578.

¹¹⁴ Kaser, RPr I, p. 568; Frier, Landlords and Tenants, pp. 70, 92.

time to time.'¹⁵ First of all, the debtor has to be left in no doubt whether the lease will come to an end (hence with regard to the lease of living accommodation, modern German law requires writing).^{[1818] [1819] Secondly, the debtor must have some time to adjust himself to the new situation.[1820] And thirdly, the law usually tries to ensure that the lessee be allowed sufficient time "to have some real benefit from the transaction".[1821] This is the reason why, in the case of agricultural leases for an unspecified period, the lessee must be able to enjoy the property for at least one year (i.e. one farming cycle).[1822]}

6.