Cuschner v. Westlake

Citations

• 43 Wash. 690
• 86 P. 948
• 1906 Wash. LEXIS 769

Syllabus

<p>Landlord and Tenant — Forfeiture—Surrender by Lessee — Right of Subtenant. A notice of forfeiture of a lease for nonpayment of rent, given when the rent was fully paid and at the request of the lessee, shows only a voluntary relinquishment to the lessor, which could not affect the rights of a subtenant.</p> <p>Same — Lease—Conditions as to Subletting. An express provision in a lease that the entire premises could not be sublet without the consent of the lessor does not prevent the subletting of a portion of the premises without such consent, and the same would not he a breach of that condition of the lease.</p> <p>Same — Forfeiture—Surrender of Possession — Rights of Subtenant. An attempted forfeiture of a lease for nonpayment of rent 'is of no effect as ágainst a subtenant, where on the same day, either before or after the notice of forfeiture, the lessee and the subtenant jointly paid the rent due and the same was accepted by the lessor; since if the payment was before notice, no forfeiture could be declared; and acceptance after payment was an admission of the continuance of the tenancy.</p> <p>Same — Estoppel of Lessoe. Where plaintiff acquired the rights of a lessee while the rent was due, and also took a new lease expressly stating that it was subject to the former lease, he is not in a position to urge a forfeiture of the former lease for nonpayment of rent, as against a subtenant of the first lessee, since the same could occur only through his own neglect.</p>