Sauer v. Meyer

Citations

• 87 Cal. 34
• 25 P. 153
• 1890 Cal. LEXIS 1091

Syllabus

<p>Ejectment — Evidence — Right of Possession. —To maintain an action of ejectment, the plaintiff must show that he was entitled to the possession of the demanded premises at the time he commenced the action.</p> <p>Id.—Landlord and Tenant—Forfeiture of Lease — Non-payment of Rent — Demand — Right of Re-entry. — To give a landlord a right of re-entry for non-payment of rent, a demand of the rent, upon or after the last day on which the lessee has to pay, is essential to complete the forfeiture and enable him to maintain an action of ejectment.</p> <p>Id. —Forfeitures not Favored. .— Forfeitures are not favored; and where the right of possession of the landlord depends upon the forfeiture of the lease, the conditions of tha lease involving the forfeiture must he strietty interpreted against him.</p> <p>Id. — Waiver of Forfeiture — Extension of Time for Payment. — An agreement that rent due for several months shall stand unpaid until a future month is a clear waiver of any forfeiture for non-payment of rent during those months, and no right of re-entry could accrue until the time stipulated in the lease has elapsed after demand of rent at the expiration of the extended time.</p> <p>Id.—Premature Action against Sublessee.—Under a lease providing for the payment of rent monthly in advance, and for a right of re-entry by the landlord if any rent should he due and unpaid for ten days after the same should have been paid, and giving the lessee the right to sublet, where the lessor agreed with the lessee that the rent due for three months should stand unpaid until the first of the next month, and demanded of the sublessee the rent due on the first of such month, an action of ejectment against the sublessee, commenced four days after the demand, is prematurely brought.</p>