Shanfelter v. Horner

Citations

• 81 Md. 621
• 32 A. 184
• 1895 Md. LEXIS 59

Syllabus

<p>Forfeiture of Lease for Non-Payment of Rent — Ejectment—Demand of Rent — Evidence—Right of Trustee to Maintain Ejectment.</p> <p>A lease provided that if the rent reserved should at any time during the tenancy be for more than ninety days due and in arrear, “then the said tenancy shall be at once, and without notice of any kind, determined, and the party of the first part become and be entitled to immediate possession of the premises aforesaid, provided he shall so elect, but not otherwise.” Held, that upon such default in the payment of the rent, the landlord was entitled to maintain an action of ejectment for the premises without having previously made a demand of payment.</p> <p>In such action the tenant cannot be asked why he did not pay the rent when due.</p> <p>The estate of the landlord in said premises and lease was conveyed to the plaintiff in trust for the city of Baltimore. Held, that the plaintiff was authorized to maintain the action.</p>