O'Connor v. Kelly

Citations

• 41 Cal. 432

Syllabus

<p>Landlobd and Tenant.—If the landlord sells and conveys the leased premises, and assigns the lease, the grantee must inform the tenant of the sale before demanding rent, and if the tenant refuse to pay rent to the grantee, when he does not know of the sale the refusal is not a forfeiture of the lease.</p> <p>Ejectment against Tenant.—The grantee cannot maintain ejectment against the tenant of the landlord, because the tenant has refused to pay him rent, unless the tenant had been ihformed of the sale, before rent was demanded.</p> <p>Demand bob Bent.—A demand for rent should be of the amount due. If the amount due is not demanded a refusal to pay does not work a forfeiture of the lease.</p>