Kneeland Investment Co. v. Aldrich

Citations

• 63 Wash. 609
• 116 P. 264
• 1911 Wash. LEXIS 1253

Syllabus

<p>Landlokd and Tenant — Rent—Persons Entitled. A transfer of the reversion of leased premises does not carry the right to accrued rents, where they are not mentioned in the deed.</p> <p>Landlord and Tenant — Lease—Rent—Time eoe Payment — Estoppel-Unlawful Detainer. Where a lease for one year at a monthly rental “payable monthly in advance,” was executed on the 11th of the month and possession taken on the 15th and rent was paid for the last half of the first month, and thereafter was demanded and paid in advance on the first day of each calendar month for several months without question, the lease will be construed as calling for payments on the first of each calendar month, and the lessee is estopped to assert that notice in unlawful detainer on the 7th, not objected to at the time, was premature; especially where at the trial no issue as to the time of payment or sufficiency of notice was raised by the pleadings, evidence, or requests for findings.</p> <p>Landlord and Tenant — Unlawful Detainer — Rent—Default— Excuse for Nonpayment. Where a lease of a hotel provided for the retention of specified rooms until vacated by the present occupant, in which event the lessee was to be given possession of the rooms, upon surrendering to the lessor certain other rooms in lieu thereof, the lessee must demand possession and offer to surrender the other rooms in exchange in order to evade eviction for nonpayment of rent; and a mere inquiry of a clerk of the lessor as to when possession would be given is not a sufficient demand.</p>