Chipman v. Emeric

Citations

• 3 Cal. 273

Syllabus

<p>At common law there was no forfeiture of an estate for years, for the non-payment of rent, nor for the commission of waste.</p> <p>By the Statute of Gloucester, 6 Ed. 1, the remedy of forfeiture was given for waste, and it was expressly confined to the place wherein the waste was committed.</p> <p>The Statute of California, confines the remedy to the recovery of treble damages.</p> <p>By the 13th section of the act, concerning forcible entries and unlawful detainers, it was the intention of the legislature to make the non-payment of rent work a forfeiture of the estate of the tenant. But to effect this, the rent must be demanded on the day it becomes due, and at a late hour of the day.</p> <p>Where the record shows no demand of the rent, there can be no forfeiture.</p>