McGlynn v. Moore

Citations

• 25 Cal. 384
• 1864 Cal. LEXIS 48

Syllabus

<p>Forfeiture of Term in a Lease.—Previous to -the passage of the Act of April 25, 1862, amending the Act “ concerning forcible entries and unlawful detainers,” in order to work a forfeiture of the term of a lease for non-payment of rent under the thirteenth section of said Act, the landlord was required to make a demand for rent with all the strictness required at common law.</p> <p>Construction of Lease.—Where, in the habendum clause in a lease, it is provided that the lessee is to have and hold the premises demised from a certain day of the month for a period named, and the rent is also made payable monthly on the last day of each and every month during said term, the word “from” will he construed as exclusive or inclusive of the day named in the habendum clause as will best express the intention of the parties, to be gathered from the whole instrument, and if construed as exclusive of that day, the rent-will be payable on that day $ hut if construed as inclusive of that day, the rent will he payable on the day previous.</p> <p>Demand for Dent.—In order to work a forfeiture of the term in a lease under the common law, it was necessary for the landlord to make a demand for the precise sum due for rent on the day it fell due, at the most notorious place on the demised premises 5 and if there was a dwelling house on the demised premises, the demand was required to he made at the front door of the same.</p> <p>Pleadings in Action to remove Lessee. — If the complaint in an action to remove the lessee from the demised premises on the ground of a forfeiture of the term for non-payment of rent, alleges generally that a demand for rent was duly made of the defendants on the promises, an answer, denying that the plaintiffs demanded of defendants the payment of the rent, is sufficient as a denial.</p> <p>Waiver of Forfeiture of the Term by Lessor. — If rent is received by the lessor after a forfeiture of the term by the lessee by reason of a breach of a covenant in a lease,