Thomson Estate v. Washington Investment Co.

Citations

• 84 Wash. 326
• 146 P. 617
• 1915 Wash. LEXIS 786

Syllabus

<p>Landlord and Tenant — Covenants—Consent to Lease — Rights op Mortgagees. Mortgagees and lienors, expressly assenting to a lease, are hound by the conditions thereof requiring the lessor to make repairs necessary to put the premises in fit condition for use.</p> <p>Same — Rent—Recoupment por Repairs — Right of Action — Effect of Paying Rent. Payment of rent does not not waive a tenant’s right of recovery for necessary improvements, agreed to be made by the lessor, inasmuch as the general statutes relating to counterclaims apply to actions for the recovery of rent, and a tenant, paying for repairs which the lessor had agreed to make to put the premises in fit condition for use, may elect to recoup his damages or bring a separate action therefor.</p> <p>Receivers — -Action for Rent — Improvements — Recoupment. A lessee’s payments for improvements agreed to be made by the lessor being equivalent to payments of so much rent, the same should be allowed against the lessor’s receiver, upon the lessor’s insolvency.</p>