Tolsma v. Adair

Citations

• 32 Wash. 383
• 73 P. 347

Syllabus

<p>LANDLORD AND TENANT-UNLAWFUL DETAINEE-MERGER OE ESTATES.</p> <p>Where the lessee of a building sublets the second and third floors for the whole of the term of several years for $50 a month, and subsequently the second floor is surrendered by the subtenant, who then pays $20 per month, and the sub-tenant testifies that it was only a temporary surrender until he had use for it, while his landlord testifies that it was an absolute surrender and claims a merger, a verdict of restitution in favor of the subtenant and damages for detention resolves the question in his favor, and there could be no merger of estates by the temporary surrender.</p> <p>SAME.</p> <p>There was no merger in law, because there was an intermediate estate, retained by the sub-tenant, who did not yield his whole estate,.but only carved out a lesser estate, a tenancy from month to month for a limited time.</p> <p>SAME.</p> <p>The fact that the tenant ceased to pay the $50 per month, is not conclusive as to the merger, and the fact that he continued to pay one-half the water rent of the whole building is argumentative support for his contention that there was no merger.</p>