Schilling v. Holmes

Citations

• 23 Cal. 227

Syllabus

<p>Ah under tenant, who takes a lease and receives possession from the tenant, becomes the tenant of the landlord, subject to all the duties and liabilities of a tenant to the landlord.</p> <p>One of the most important duties of a tenant is to peaceably and quietly surrender the premises to the landlord as soon as the tenancy has expired.</p> <p>If a stranger intrudes upon the premises and .takes possession, either forcibly or otherwise, it is the duty of the tenant to take proper legal proceedings to regain the possession, so that he may surrender the same to the landlord.</p> <p>The tenant is liable to pay rent until he has restored full and complete possession to the landlord, and his liability to pay the rent is not discharged by an eviction, unless under a title superior to the landlord’s, or by some agency of the landlord.</p> <p>If the tenant is evicted by a wrong-doer, the landlord is not bound to indemnify him.</p> <p>When the notice to quit, in order to enable the landlord to determine the tenancy, is served on the original lessee, that notice binds the under tenants who acquire possession from the tenant after its service.</p> <p>Those who lease from the tenant, after the landlord has served on him notice to quit, are liable to the landlord for double the monthly value of the premises.</p>