Corson v. Berson

Citations

• 86 Cal. 433
• 25 P. 7
• 1890 Cal. LEXIS 1049

Syllabus

<p>Landlord and Tenant — Rent ■— Agreement eor Reduction — Recovery Back of Fraudulent Overcharge — Tenancy from Month to Month. —Where a landlord agreed with tenants of a store, occupying from month to month, that if they would remain as such tenants, and an adjoining vacant store should he rented for less monthly rent than they were paying, they should have their store at the same reduced rental, they may recover hack the amount of overcharge for each month of their occupancy, if the adjoining store was in fact rented for one hundred dollars per month less than they were paying, hut a lease thereof was given for the same amount of rent, with a separate written agreement for a rebate of one hundred dollars per month, for the- purpose of deceiving them and inducing them to pay the same rent as formerly.</p> <p>Id.—Evidence — Written Agreement for Rebate of Rent — Proof of Fraudulent Overcharge.—To substantiate the claim of fraudulent overcharge of rent under such agreement, it is competent for the tenants to introduce in evidence the written agreement for a monthly rebate of rent to the tenants of the adjoining store.</p> <p>Id. — Continuance of Reduced Rent —Presumption.—Tenants from month to month are presumed to continue their rental for each new month upon the same terms as for the previous month; and after the right to the reduction of rental has accrued under an agreement therefor, such reduced rate must be presumed to continue for each succeeding month of their occ.upancy, though the agreement for reduction of the monthly rental was for no stated period,</p> <p>Id. — Parol Evidence — Agreement after Expiration or Lease. — When the term of a lease has expired, without renewal of the term, and the tenants are holding from month to month at the same monthly rental, it is competent for the parties to the lease to make a parol agreement for the reduction of rent, or as to the continuance of the tenancy for any period not exceeding one year; and any oral evidence a