Kower v. Gluck

Citations

• 33 Cal. 401

Syllabus

<p>Relation or Landlord and Tenant.—When the relation of landlord and tenant is once established, that relation is not destroyed hy an assignment of the leasehold estate from the lessee to the lessor, and a cancellation of the lease, and a release of the tenant from future liability, hut these acts must he accompanied by a surrender of the demised premises to the lessor.</p> <p>Unlawful Detainer.—When the relation of landlord and tenant is once established, an action of unlawful detainer for holding over contrary to the terms of agreement between the parties for the cancellation of the leasehold maybe maintained, until that relation is destroyed by a surrender of the demised premises, or by law.</p> <p>When Tenant may be Removed.—When the tenant assigns his interest in the leasehold to the landlord, and the lease is cancelled, and the tenant is released from future liability and agrees to restore possession to the landlord on a time fixed, the landlord may remove him hy proceedings under the Forcible Entry and Detainer Act, if he refuses to restore possession, although the term of the lease has not expired.</p> <p>Idem.—The lease expires in such case by agreement, and if the tenant retains possession after demand in writing to surrender it, he is guilty of an unlawful holding over.</p> <p>Damage in Forcible Entry and Detainer.—In an action by the landlord against the tenant for an unlawful detainer, damage sustained by the landlord to property adjoining the demised premises in consequence of the tenant holding over cannot be recovered.</p> <p>Appeal from Judgment.—An appeal does not lie from a judgment, after a new trial has been granted. }</p>