Jabbour Bros. v. Hartsook

Citations

• 131 Va. 176
• 108 S.E. 684
• 1921 Va. LEXIS 14

Syllabus

<p>1. LANDLORD AND TENANT-7~OtiCe to Quit for Falure to Pay Rent-Payment of Rent After Expiration of Time&emdash;Case at Bar.&emdash; A lease forbade subletting by the lessees, and provided that if rent should be in arrears, or if the lessees failed to comply with the condition of the lease, lessor might serve a notice of his intention to determine the lease, and the lease should determine ten days after such notice. In an action of unlawful detainer by the lessor the evidence showed that by mutual agreement between the lessor and lessees, entered into before the term of the demise began, the monthly rent reserved was increased, and such extra rent was in arrears and unpaid when notice was given on March 23, 1920, terminating the tenancy ten days thereafter, to-wit, on April 3, 1920, and that the lessees on April 8, 1920, tendered the rent in arrears.</p> <p>Held: That the tender on April 8, 1920, was too late to prevent the termination of the lease, and consequently there was no evidence before the jury to sustain a verdict for the lessees, and such verdict was plainly contrary to the evidence.</p> <p>2. LANDLORD AND TRNANT-NOtice to Qwit-Contract P'rovi~ions Prevail.&emdash;Where a lease provided that, if the rent shall “at any time be in arrears and unpaid,” the lessor may terminate the lease at the expiration of ten days from the time of giving notice, neither the common law rules on the subject of what a landlord must do to terminate a lease because of nonpayment of rent nor the Virginia statute on the subject have any application, but the case is governed and controlled by the express contract of the parties and the action of the lessor in accordance therewith.</p>