Tatum v. Thompson

Citations

• 86 Cal. 203
• 24 P. 1009
• 1890 Cal. LEXIS 1003

Syllabus

<p>Landlord and Tenant —Lease — Covenant to Repair—Fire—Tenant-able Condition of Premises — Damages — Waiver — Election of Tenant. — Under a lease of premises, providing that if by reason of fire the premises should become untenantable no rent should be charged or paid until they should be made tenantable by the lessor, lessees who remain in possession of the premises after a fire, without any indication of intention to remove, and regularly and promptly pay the usual rent without objection, and who give no notice to the lessor to repair, or of their intention to make repairs, elect to treat the premises as tenantable, and cannot recover for damages sustained by water, caused by failure of the lessors to repair the roof of the premises, which was partially destroyed by the fire.</p> <p>Id.—Construction of Covenant—Duty of Lessor — Rights of Lessees. — Such covenant does not change the statutory duty of the lessor as to repairs, though it suspends the right to collect rent pending repairs, and gives the lessees the right either to remain in possession without paying rent, or to remove and remain out of possession until the repairs are completed, and then resume possession at the stipulated rental.</p> <p>Id.—Duty of Lessor to Repair — Notice by Lessee.—If the premises become unfit for the occupation for which they were demised, from a cause not occasioned by the ordinary negligence of the lessee, it is the duty of the lessor to repair within a reasonable time after notice from the lessee; and such notice is necessary to put the lessor in default, or to authorize the lessee to repair to the extent of one month’s rent, or to vacate the premises.</p> <p>Id. — Evidence — Repairs — Reasons for Lessees’ Remaining in Possession. •— When the court has admitted all the evidence offered by either party as to all that was said and done touching the subject-matter of repairs, it is not error to refuse evidence as to the reasons why the lessees remained in possession, or as to th