Dennis Plemons, et al vs. Larry Moses, et al

Dennis Plemons ("Plaintiff") leased the Crossroads Market to Larry Moses ("Defendant") pursuant to a five-year lease. Prior to the expiration of the lease, Plaintiff found new tenants willing to pay significantly more to lease the property. Plaintiff informed Defendant about the new potential tenants and gave Defendant the opportunity to continue leasing the property if he would pay this higher rent. Defendant declined to lease the property for this increased amount. Plaintiff allowed Defendant to continue leasing the property until the new tenants were ready to assume possession of the property. When the new tenants were ready to assume possession, Defendant refused to vacate the premises claiming that he was a holdover tenant and entitled to possession of the property under a year-to-year tenancy after the expiration of the lease. The Circuit Court held that a new month-to- month tenancy had been created and, therefore, Plaintiff was entitled to possession. We affirm.