The mortgagee and tenant may agree to have as between themselves the relationship of landlord and tenant1. Such an agreement destroys the old lease between the mortgagor and tenant and creates a tenancy between mortgagee and tenant2. Payment of rent by a tenant to the mortgagee is evidence of a new tenancy3. The terms of the tenancy are ascertained by evidence and inference from the facts, and are not necessarily those on which the tenant held under the mortgagor
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