California Building Co. v. Drury

Citations

• 103 Wash. 577
• 175 P. 302
• 1918 Wash. LEXIS 1130

Syllabus

<p>Landlord and Tenant — Action for Rent — Defenses. In an action for rent, it is no defense that the lessee had incorporated his business and made the lease for the benefit of the corporation, and claimed offsets for damages to the goods of the corporation by rats and vermin in the building; as the corporation was not a party to the lease, which required written consent to change of possession, and any oral understanding would vary the terms of the lease.</p> <p>Same. In an action for rent of premises abandoned by the lessee, it is no defense that the landlord could have rented the premises to another tenant; since it had a choice of remedies and could either enter, or hold the lessee for the term; and for the same reason the lessee could not claim a credit on account of probable saving on heat and water bills for the premises to the expiration of the lease.</p> <p>Same — Action foe Rent — Defenses—Eviction—Evidence—Sufficiency. In an action for rent, no eviction is shown on account of rats and vermin, where no complaint was made and no opportunity offered to remedy the matter until after the tenant had abandoned the premises.</p> <p>Same. In an action for rent, no eviction is shown by reason of failure of the heating system, where no complaint was made in that regard subsequent to early in January, the rent was regularly paid for five and one-half months, and there was no evidence of failure to properly heat the building at that time, when the premises were abandoned without complaint as to the heating.</p> <p>Same — Action for Rent — Attorney’s Fees — Evidence. In an action for rent, under a lease providing for attorney’s fees in such an action in “the amount to be determined by the court,” the court may fix the attorney’s fees without taking evidence, even though the trial was to a jury.</p>