Johnston v. Hargrove

Citations

• 81 Va. 118
• 1885 Va. LEXIS 16

Syllabus

<p>1. Landlord and Tenant—Re-entry-—Common law—Statutes.—By an ancient rule of the common law, before lessor can exercise a stipulated right of re-entry for breach of covenant to pay rent, he must make an actual demand upon the tenant for the payment thereof, unless by special agreement the requirement of demand has been dispensed with. The rule as respects the necessity for demand remains unaltered here by statute. Code 1873, ch. 113, $ 21.</p> <p>2. Idem—Notice to quit—Agency—Tender—Care at bar.—H., tenant of J. of premises in city of ft. for five years for rent, payable first day of each month, under a lease with clause of re-entry for ten days’ default in paying any instalment of rent, was, April 12th, 1883, in default for rent for preceding month, and J. notified H. that unless he quit the premises in five days he would proceed against him for the unlawful detainer thereof. Next day H. tendered the rent to G., who had been acting as J.’s agent in the matter, but G. refused to receive it. Seven days after the notice J. brought unlawful detainer for the premises.</p> <p>Held :</p> <p>1. As J. had made no demand for the rent in arrear, his action was not maintainable, either at common law or under the statute. Code 1873, ch. 130, % 4.</p> <p>2. Service of notice on H. to quit did not revoke G.’s agency, and the tender of the rent in arrear within the statutory period of five days, would, even had there been a demand for the rent, have defeated the action under the statute.</p>