Tewksbury v. O'Connell

Citations

• 25 Cal. 262

Syllabus

<p>Forcible Entries and Unlawful Detainers—Treble Damages.—If a complaint, in an action arising under the Act concerning forcible entries and unlawful detainers, contains proper averments of damages sustained, and plaintiff recovers, and damages are found, either by the Court or by the verdict of a jury, it is the duty of the Court to treble the damages, although treble damages are not asked for in the complaint.</p> <p>Same.—In such actions damages may be assessed both for waste and injury, and for the value of the rents and profits.</p> <p>Tenant who Holds Over.—The Act of May, 1861, “ relating to the rights and . duties of landlords and tenants,” has no application to-a case where a tenant who enters under a written lease for a time certain and pays rent, holds over after the expiration of his term.</p>