Rockwell v. Eiler's Music House

Citations

• 67 Wash. 478
• 122 P. 12
• 1912 Wash. LEXIS 1200

Syllabus

<p>Landlord and Tenant — Lease—Purpose. In the absence of any restrictions in a lease, the premises may be used for any lawful purpose.</p> <p>Evidence — Parol—Varying Lease. Where a lease, complete in itself, requires the tenant to make any desired alterations, it cannot be varied by evidence of an oral contemporaneous agreement that the landlord should make certain alterations and improvements.</p> <p>Landlord and Tenant — Lease—Breach — Repairs — Rights oe Tenant — Recovery oe Rent Paid — Use oe Premises. A tenant who leased part of a building intending to use the same as a theater, cannot recover damages for breach of the lease in that the landlord, “did not disclose” that the building could not, under the ordinances of the city, be used for that purpose until an exit had been constructed, where the lease provided that the tenant should, at his own expense, make all changes and improvements in the building, and it was not alleged that the landlord refused to permit him to construct the exit, and did not mislead him as to the ordinances; since one contracting in a city with reference to matters governed by police regulations is charged with notice of the ordinances.</p> <p>Landlord and Tenant — Lease—Subrendee—Accrued Rent. On the termination of the relation of landlord and tenant, the right to accrued rent is fixed by the terms of the lease, whether the termination was by reentry or surrender, and whether the rent was payable in advance for a period beyond the time of the surrender, or already paid up in advance.</p>