Jeffries v. Spencer

Citations

• 86 Wash. 133
• 149 P. 651

Syllabus

<p>Landlord and Tenant — Unlawful Detainer — Conditions Precedent — Provision in Lease — Notice. Demand and notice to quit is a condition precedent to an action against a tenant for unlawful detainer, under Rem. & Bal. Code, § 812, requiring notice and giving three days’ grace thereafter, and the same is not excused by a clause in the lease providing for its termination at the lessor’s option on default in payment of the rent for thirty days after due; nor by the fact that waste is charged.</p> <p>Ejectment — Leased Premises — Expiration of Term. An action of unlawful detainer of leased premises cannot be upheld as an action of ejectment where the term had not expired.</p> <p>Ejectment — Process—Jurisdiction. The special summons authorized in unlawful detainer is insufficient to confer jurisdiction in ejectment.</p>