Skaggs v. Emerson

Citations

• 50 Cal. 3

Syllabus

<p>Landloed and Tenant.'—If a tenant is forcibly evicted from a substantial part of the demised premises, by the landlord, and the lease is not terminated, but the tenant still continues to occupy, under the lease, the part of which he retains possession, the tenant cannot be compelled to pay the rent reserved, for, in such case, there can be no apportionment of rent.</p> <p>Unlawful Detainee.—If a tenant is forcibly evicted by the landlord from a substantial part of the demised premises, but still continues to occupy the remainder under the lease, the landlord cannot, under the Unlawful Detainer Act, recover possession from the tenant by reason ot nonpayment of rent while the eviction continues.</p>