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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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Kerr's Cyc. C. C. § 1927 and note par. 38.

New lease as affecting right to remove fixtures. — See 3 A. C.
331; also note ante § 660.

No implied warranty that premises are suitable. — See 50 A. D.
776-779; 46 A. R. 474, 475; 55 A. R. 265-269; 38 A. S. 477, 478;
note 33 L. 449-456.

1036

t



I

? Tit.V.ch.II.] LEASES, GENERALLY. § 1941

Notice, necessity of in order to bind guarantor of lease. — See
20 L. 259.

Notice to quit — Eviction of tenant. — See 8 L. 221.

Same — ^Necessity and sufficiency of. — See 42 A. D. 125.

Nuisance — In connection with leased premises — Liability of
lessor and lessee. — See Kerr's Cyc. C. C. § 3493 and note.

Same — Lessee's riglit to maintain suit to enjoin. — See 3 L.
N. S. 448.

Same — On leased premises, liability for. — See 15 A. R. 78; 15
A. R. 398.

Same — Respective liabilities of landlord and tenant for. — See
50 A. D. 776; 86 A. S. 516.

Same — Right of owner to recover damages to property from,
not of a permanent character, ■while in possession of tenant. —
See 3 L. N. S. 1060.

Oil lands, lease of. — See 12 L. 290.

Oil or gas lease — Lease of — Effect of assignment of. — See 3.4
L. 62.

Same — Same — Forfeiture of. — See 31 L. 673.

Option to purchase — As to generally, see 5 A. C. 912; 10 A. C.
357.

Same — Right of assignee to enforce. — See 5 A. C. 914.

Option to renew lease — As to generally, see 6 A. C. 102; 6 A.
C. 339.

Same — Holding over by tenant as exercise of. — See 6 A. C.
341.

Parol lease within statute of frauds, effect of. — See 17 A. S.
752.

Partner — Power of to make and renew lease of partnership
real estate. — See 28 L. 97.

Same — Right of surviving to lease firm real property. — See
28 L. 135.

Premises defectively constructed or out of repair — Liability
for injuries resulting therefrom. — See 59 A. D. 733-740.

Priority of claims for leases and rental against property in
hands of receiver over recorded liens. — See 2 L. N. S. 1030, 1044,
1060, 1066.

Prohibited purposes. — See "Lease of premises for immoral or
prohibited purposes," this note.

Proof of claim based on lease, as fixed liability, in bank-
ruptcy. — See 54 L. 374.

Quiet enjoyment, measure of damages for breach of cove-
nant of. — See 58 A. R. 606.

Re-entry on forfeiture, election of remedies. — See 8 L. 759.

Renewal and continuance of lease — Implied, and terms for
which deemed renewed. — See 91 A. D. 653.

Same — Right of assignee of lease to enforce covenant for. —
See 12 A. C. 969.

1037



§ 1941 CIVIL CODE. [Div.III.Pt.IV.

Rent— As to, generally, see 11 L. 855; 14 L. 156; 17 L. 275; 22
L. 613; 26 L. 802; 33 L. 487; 40 L. 321; 49 L. 239; 49 L. 436; 54 L.
374; 55 L. 50, 54, 64; 61 L. 538; 69 L. 848.

Same — Acceptance of as waiver of forfeiture, when. — See 11 L.
N. S. 831.

Same — Apportionment of. — See 31 A. D. 517; 37 A. R. 283.

Same — Effect of partial eviction upon liability to pay. — See
17 L. 275.

Same — Equitable relief against forfeiture for non-payment of.
—See t>i L. Sii.

Same — Guaranty of. — See 9 L. 353.

Same — Liability for after desertion of premises. — See 22 L.
613.

Same — Liability for on oil and gas lease. — See 33 L. 847.

Rent — Liability of assignee of leasehold for. — See 14 L. 151.

Same — Liability of vendee or mortgagee under stipulation to
become tenant and pay on default. — See 49 L. 436.

Same — Sublessee not liable on original lease. — See 11 L. 855.

Reservation of lien on or title to crops raised by tenant. —
See 14 A. S. 166.

Restoration of destroyed or injured building — Landlord's duty
as to.— See 38 A. S. 482-484.

Right of entry of landlord after termination of lease. — See 69
A. D. 754.

Right of surviving partner to lease Arm real property. — See
28 L. 135.

Right of tenant — After expiration of lease. — See 69 A. D. 508.

Same — To cut wood for fires or fences. — See 63 L. 641-649.

Rights and liabilities of lessee upon destruction of leased
premises. — See 61 A. S. 566-572.

Rights and liabilities of parties to lease — As to, generally, see
20 L. 33; 22 L. 540; 23 L. 158; 44 L. 737; 53 L. 97; 64 L. 611;
68 L. 695.

Same — Rights on condemnation of property by eminent
domain. — See 21 L. 212.

Rights and liabilities of tenant on destruction of leased
building. — See 22 L. 613.

Sale of leased premises — As to and effect of. — See 6 A. C.
356.

Sale or mortgage of crops by tenant. — See 23 L. 468.

Sublessees effect upon rights of, of surrender of leased
premises by lessee to lessor. — See 10 A. C. 424; 7 L. N. S. 221.

Same — Not liable on original lease.— See 11 L. 855.

Sublessees and assignees, remedies against. — See 15 A. D. 543.

Sublessor not bound to repair for sublessee, there being no
difference in principle. — See 33 C. 341, 346.

Subletting of leased premises. — See 117 A. S. 91.

Summary proceedings to oust tenant — Appeal in. — See 9 L.
SOL

1038



Tit.V.ch.II.] LEASES, GENERALLY. § 1941

Same — Notice in. — See 9 L. 798.

Surrender — As to generally, see 10 A. C. 357.

Same — Effect of upon riglits of sublessee of surrender by
lessee to lessor. — See 10 A. C. 420, 424.

Same — Effect upon liability for rent, where between rent days.
—See 10 A. C. 365.

Surrender of original lease, effect on rights of sublessees. — See
10 A. C. 424; 7 L. N. S. 221.

Surrender of premises. — See 11 L. 498.

Surviving partner, right to lease firm real property. — See 28
L. 135.

Tax sale, effect to create relation of landlord and tenant
between purchaser and prior lessee. — See 6 L. N. S. 260.

Tenancy from year to year — Effect of payment of rent. — See

8 L. 221.

Tenant — Acquisition of title by, as to, generally, see 53 L.
934-951.

Same — Damages, measure of, when evicted or prevented frorri
taking possession. — See 100 A. D. 428.

Same — Estopped to deny landlord's title. — See 15 A. D. 40;
89 A. S. 62; 1 L. N. S. 1181.

Same — Guilty of holding over when. — See 70 A. S. 533.

Same — Judgment against, effect of res judicata. — See 112 A.
S. 21.

Same — Right to allowance for improvements. — See 81 A. S.
181.

Same — Right to maintain his possession by means of wrong-
ful injunction, to crops grown on the leasehold. — See 12 L. N.
S. 194.

Same — Sale or mortgage of crops by. — See 23 L. 468.

Tenant's duty to leave premises in good condition. — See 64
L. 649-667.

Termination of lease — As to generally, see 1 A. C. 790.

Same — Effect upon lease of accidental destruction of or injury
to part of building.— See 9 A. C. 107.

Same — Positive clause of forfeiture as embracing negative
covenant. — See 1 A. C. 794.

Termination of tenancy — Effect of death of lessor or lessee. —
See 23 L. 707.

Same — First and last days in computing time. — See 49 L. 210;
49 L. 239.

Same — Forfeiture of oil or gas lease. — See 31 L. 673.

Same — Injunction against dispossession by summary proceed-
ings. — See 30 L. 129.

Same — Notice to quit, eviction of tenant. — See 8 L. 221.

Same — Re-entry on forfeiture, election of remedies. — See 8
L. 759.

Same — Summary proceedings to oust tenant, notice in. — See

9 L. 798.

1039



§ 1942 CIVIL CODE. [Div.III.Pt.IV.

Same — Same — Appeal in. — See 9 L. 801.

Same — Surrender of premises. — See 11 L. 498.

Time for which renewal may be had under indefinite agree-
ment in lease granting option of renewal. — See 6 A. C. 102.

Unliealthfulness of premises, effect of on the rights of the
parties. — See 55 A. R. 265.

Validity of lease made in violation of law. — See 12 L. N. S.
605.

Validitj of statute holding property owner liable for water
and light furnished tenant. — See 6 L. N. S. 198.

Waiver of forfeiture of lease. — See 47 A. S. 197.

Water and light furnished tenant, liability of landlord for. —
See 8 A. C. Ill; 6 L. N. S. 198.

Water rents as taxes or rates within meaning of cove-
nants in lease. — See 8 A. C. Ill; 6 L. N. S. 198.

When action for use and occupation for premises will lie. — See
14 L. 156; 26 L. 802.

§1942. LESSEE MAY MAKE REPAIRS, ETC. If within
a reasonable time after notice to the lessor, of dilapidations
which he ought to repair, he neglects to do so, the lessee
may repair the same himself, where the cost of such repairs
do not require an expenditure greater than one month's rent
of the premises, and deduct the expenses of such repairs
from the rent, or the lessee may vacate the premises, in
which case he shall be discharged from further payment of
rent, or performance of other conditions.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 246. This section as originally enacted
provided that lessee might make repairs himself "and deduct
'the expense of such repairs from the rent, or otherwise recover
it from the lessor," without providing, as it was made to read
by amendment in 1874, that "where the costs of such repairs do
not require an expenditure greater than one month's rent of
the premises," etc., to the end of the section as it now reads; 59
C. 563, 566.

See Kerr's Cyc. C. C. for la pars, annotation.

59 C. 563, 565, 566 (referred to in construing §1941); 72 C.
307, 312 (applied), 13 P. 866, 868 (erroneously cited as § 1942
C. C. P.); 76 C. 173, 174, 18 P. 260, 261 (referred to in construing
§ 1941); 81 C. 58, 59, 22 P. 304 (referred to in construing § 1941);
86 C. 203, 205, 24 P. 1009 (referred to in construing §1941); 92
C. 548, 550, 552, 28 P. 599, 600 (referred to in construing § 1941);
102 C. 476, 480, 481, 36 P. 835 (referred to in construing §1941);

1040



i



Tit.V,ch.II.] LIMIT NOT FIXED. §§1943,1944

110 C. 219, 220, 42 P. 560 (construed); 124 C. 520, 523, 57 P.
567 (referred to in construing §1941): 128 C. 187, 190, 60 P.
687 (referred to); 4 C. A. 12, 16, 87 P. 222 (referred to).

As to hiring- of real property generally, see note § 1941, ante.

As to offset for repairs made by lessee, see Kerr's Cyc. C. C.
§ 1941 and note par. 18.

Covenant to repair — Notice must be given by lessee. — See
Kerr's Cyc. C. C. § 1941 and note par. 13.

Fixtures — To whom belong. — See Kerr's Cyc. C. C. §§ 660, 1013,
1019 and notes.

Lessee's duty to leave premises in good condition. — See 64 L.
648-667.

Refusal of lessor to allow lessee to make the repairs. — See
Kerr's Cyc. C. C. § 1941 and note par. 19.

Rescission of lease by lessee without notice to make repairs.
— See Kerr's Cyc. C. C. § 1941 and note par. 37.

§ 1943. TERiT OF HIRING WHEN >0 LI^TIT IS FIXED.

A hiring of real property, other than lodgings and dwelling-
houses, in places where there is no usage on the subject, is
presumed to be for one year from its commencement, unless
otherwise expressed in the hiring.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

2 C. A. 331, 333, 334, 84 P. 57 (applied to lease of premises for
private hotel); 6 C. A. 618, 622, 92 P. 749 (construed with subd.
1, § 1624 as to oral lease).

As to hiring of real property generally, see note § 1941, ante.

Distinction between option to renew and privilege of exten-
sion. — See Kerr's Cyc. C. C. § 1945 and note par. 9.

Fixing time of enjoyment. — See Kerr's Cyc. C. C. § 707 and
note.

Forcible detainer. — See Kerr's Cyc. C. C. P. § 1160 and note.

Lumbering contract construed. — See Kerr's Cyc. C. C. § 1947
and note par. 61.

Option to purchase given lessee in lease. — See Kerr's Cyc. C.
C. § 1731 and note.

Rights of lessee after expiration of lease. — See 69 A. D. 508-
510.

"Term" defined. — See Kerr's Cyc. C. C. § 1925 and note par. 61.

Unlawful detainer. — See Kerr's Cyc. C. C. P. §§ 1161, 1162 and
notes.

§ 1944. HIRING OF LODGINGS FOR INDEFINITE TERM.

A hiring of lodgings or a dwelling-house for an unspecified

1041



§ 1945 CIVIL CODE. [Div.III,Pt.IV.

term is presumed to have been made for such length of time
as the parties adopt for the estimation of the rent. Thus a
hiring at a monthly rate of rent is presumed to be for one
month. In the absence of any agreement respecting the
length of time or the rent, the hiring is presumed to be

monthly.

History: Enacted March 21, 1872.

As to hiring of real property generally, see note § 1941, ante.
Servant discharged and notified to vacate premises. — See
Kerr's Cyc. C. C. § 1946 and note par. 13.



§ 1945. RENEWAL OF LEASE BY LESSEE'S CONTINUED

POSSESSION. If a lessee of real property remains in pos-
session thereof after the expiration of the hiring, and the
lessor accepts rent from him, the parties are presumed to
have renewed the hiring on the same terms and for the
same time, not exceeding one month when the rent is pay-
able monthly, nor in any case one year.

History: Enacted March 21, 1872, founded upon § 6 Act 1863;
42 C. 316, 323.

See Kerr's Cyc. C. C. for 18 pars, annotation.

86 C. 433, 440, 25 P. 7, 9 (construed and applied); 123 C.
587, 591, 69 A. S. 84, 56 P. 422 (cited); 124 C. 244, 248, 56 P. 1032
(applied); 2 C. A. 331, 333, 334, 84 P. 57 (applied to lease of
premises for private hotel).

As to effect of re-entry and demand of surrender, see Kerr's
Cyc. C. C. § 1933 and note par. 24.

As to effect of transfer of title, see Kerr's Cyc. C. C. § 1933 and
note par. 39.

As to hiring of real property generally, see note § 1941, ante.

Covenant of lessor to renew lease. — See Kerr's Cyc. C. C. § 1925
and note par. 22.

Distinction between lease for month and one from month to
month. — See Kerr's Cyc. C. C. § 1946 and note par. 7.

Forcible detainer. — See Kerr's Cyc. C. C. P. § 1160 and note.

Implied renewal and continuance of leases and terms for
which deemed renewed. — See 91 A. D. 563, 564.

Option to purchase given lessee in lease. — See Kerr's Cyc. C.
C. § 1731 and note.

Surrender and evacuation of premises by lessee after expira-
tion of term. — See Kerr's Cyc. C. C. § 1933 and note par. 37.

1042



I



i



Tit.V.ch.II.] NOTICE TO QUIT. § 1946

Unlawful detainer. — See Kerr's Cyc. C. C. P. §§ 1161, 1162 and
notes.

Use and occupation — Liability of lessee holding over. — See
Kerr's Cyc. C. C. § 1947 and note par. 54.



§ 1946. NOTICE TO QUIT. A hiring of real property, for
a term not specified by the parties, is deemed to be renewed
as stated in the last section, at the end of the term implied
by law, unless one of the parties gives notice to the other
of his intention to terminate the same, at least as long before
the expiration thereof as the term of the hiring itself, not
exceeding one month.

His/ory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

86 C. 433, 439, 25 P. 7, 9 (cited); 124 C. 244, 248, 56 P. 1032
(cited with § 1945); 2 A. C. 622, 623, 84 P. 274 (notice, under this
section, in month-to-month tenancy must be for one month).

As to action without notice when plaintiff has riglit of
re-entry, see Kerr's Cyc. C. C. § 793 and note.

As to estoppel of lessee to deny lessor's title, see Kerr's Cyc.
C. C. § 1948 and note.

As to hiring of real property generally, see note § 1941, ante.

As to necessity for notice at end of term, see Kerr's Cyc. C.
C. § 1946, note par. 10.

As to termination of tenancy by denial of lessor's title, see
Kerr's Cyc. C. C. § 1933 and note par. 11.

Action for possession lies without notice, when. — Sec Kerr's
Cyc. C. C. § 793 and note.

Deposit terminated by depositary, how. — See Kerr's Cyc. C.
C. §§ 1854, 1855 and notes.

Exercise of option to purchase by lessee under lease. — See
Kerr's Cyc. C. C. § 1945 and note par. 5.

Forcible detainer. — See Kerr's Cyc. C. C. P. § 1160 and note.

Notice to quit. — See 42 A. D. 125-140.

Re-entry, when and how to be made. — See Kerr's Cyc. C. C.
§ 791 and note, and Kerr's Cyc. C. C. P. §§ 1161, 1162 and notes.

Rent may be increased by lessor upon giving notice, when. —
See Kerr's Cyc. C. C. § 827 and note.

Right of entry of lessee against sublessee at end of term. —
See Kerr's Cyc. C. C. § 1933 and note par. 21.

Tenancy at will terminated by notice. — See Kerr's Cyc. C. C.
§§ 789, 790 and notes.

Unlawful detainer,— See Kerr's Cyc. C. C. P. §§ 1161, 1162
and notes,

1013



§ 1947 CIVIL CODE. [Div.III,Pt.IV.

§ 1947. RENT, WHEIV PAYABLE. When there is no usage
or contract to the contrary, rents are payable at the termina-
tion of the holding, when it does not exceed one year. If
the holding is by the day, week, month, quarter, or year, rent
is payable at the termination of the respective periods, as it
successively becomes due.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 104 pars, annotation.

As to alteration of contract by parol, see Kerr's Cyc. C. C.
§ 1925 and note par. 12.

As to amendment changing form of action, see Kerr's Cyc.
C. C. S 1947, note par. 73.

As to effect of destruction where porfion of building is
leased, see Kerr's Cyc. C. C. § 1933 and note par. 15.

As to estoppel of lessee to deny lessor's title, see Kerr's Cyc.
C. C. § 1948 and note pars. 13 et seq.

As to eviction being defense in action for rent, see Kerr's Cyc.
C. C. § 1947, note pars. 41-43.

As to computation of time, see Kerr's Cyc. C. C. § 10 and note.

As to covenants which run with land, see Kerr's Cyc. C. C.
§§ 1460, 1468 and notes.

As to covenants running with land, see Kerr's Cyc. C. C.
§§ 1460-1468 and notes.

As to distinction between cropping contract and lease, see
Kerr's Cyc. C. C. § 1925 and note.

As to hiring of real property generally, see note § 1941, ante.

As to invalidity of lease for immoral purposes, see Kerr's
Cyc. C. C. § 1925 and note par. 65.

As to lessor's duty to defend lessee's possession against
unlawful claims, see Kerr's Cyc. C. C. § 1927 and note.

As to oral agreement by lessor to repair, see Kerr's Cyc. C. C.
§ 1925 and note.

As to payment of rent to lessor before notice of assignment by
lessee, see Kerr's Cyc. C. C. § 1111 and note.

As to protection of lessee who pays rent to grantor without
notice of grant, see Kerr's Cyc. C. C. § 1111 and note.

As to recovery back of money paid, see Kerr's Cyc. C. C.
§1473 and note pars. 95-128.

As to release of lessee from rent by eviction, see Kerr's Cyc. C.
C. § 1947, note pars. 41-46.

As to theory upon which action for rent is brought, see Kerr's
Cyc. C. C. § 1947, note par. 58.

As to hiring of real property generally, see note § 1941, ante.

Abandonment of lease without lawful cause by lessee does
not discharge from obligation to pay rent. — See 85 C. 119, 121, 24

■ 1044



Tit.V.ch.II.] ATTORNMENT. § 1948

P. 633: 89 C. 464, 466, 26 P. 967, 23 A. S. 488, 91 C 223. 230.
27 P. 612, 14 L. 151, 157. See 22 Oreg. 566. 30 P. 430. 29 A. S.

Accrual of liability for rent.— See 29 A. R. 218. 219.
Action for use and occupation. — See 46 A. D. 289. 290.
Agreement to reduce rent.— See Kerr's Cyc. C. C. § 192o and

note par. 11. ^*:„o

Contract of hiring may be upon any terms which parties
choose.— See Kerr's Cyc. C. C. § 1925 and note.

Destruction of leased building as affecting liability for rent.—
See 22 L. 613-616.

Execution sale— Rent from time of sale until redemption.—
See Kerr's Cyc. C. C. P. § 707 and note.

Forfeiture for breach of covenant to pay rent, and breaches
of covenant generally—See Kerr's Cyc. C. C. P. § 1161 subds.
2, 3 and note.

Infant's liability for rent.— See 18 A. S. 589-592.
Offset for failure of lessor to make improvements and repairs.
—See Kerr's Cyc. C. C. § 1941 and note pars. 14. 18.

Partnership entered into between lessor and lessee.— See
■Kerr's Cyc. C. C. § 1933 and note par. 35.

Property left on premises by outgoing lessee— Lessor is not
liable for.— See Kerr's Cyc. C. C. § 1933 and note par. 36.

Purchaser under executory contract of sale— Liability for
rent.— See Kerr's Cyc. C. C. § 1925 and note pars. 45. 46.

Rights and liabilities of tenant on destruction of leased build-
ing._See 22 L. 613-616.

Rights of grantees of rents and reversions to recover rent.—
See Kerr's Cyc. C. C. § 821 and note.

Sublessee's liability for rent. — See 11 L. 855.
Unlawful detainer after default in payment of rent.— See
Kerr's Cyc. C. C. P. § 1161 subd. 2 and note.

Waiver of breach of covenant to make improvements and
repairs.— See Kerr's Cyc. C. C. § 1941 and note.

§ 1948. A TT0R>3IE>T OF A TENAM TO A STRANGER.

The attornment of a tenant to a stranger is void, unless it
is made with the consent of the landlord, or in consequence
of a judgment of a court of competent jurisdiction.

History: Enacted March 21, 1872; founded upon Stats. 1855,
p. 171, § 7.

See Kerr's Cyc. C. C. for 53 pars, annotation.

58 P. 1, 3 (applied).

As to hiring of real property generally, see note § 1941, ante.

As to relation of landlord and tenant as affecting adverse
possession, see Kerr's Cyc. C. C. P. § 326 and note.

1045



§§ 1949, 1950 CIVIL CODE. [Div.III,Pt.IV.

Acceptance of lease by one in possession. — See 13 A. D. 68, 69.

Acceptance of lease induced by fraud, mistake, etc. — See 13
A. D. 69.

Bill of interpleader where adverse claims to rent asserted. —
See Kerr's Cyc. C. C. § 1947 and note par. 29.

Denial of landlord's title by tenant not permitted. — See Kerr's
Cyc. C. C. P. § 1962 and note.

Duration of estoppel. — See 69 A. D. 71.

Estoppel to deny lessor's title. — See 13 A. D. 68-72.

Grai-tj <-,f rents, reversions, and remainders without attorn-
ments. — See Kerr's Cyc. C. C. § 1111 and note.

Presumption of surrender and ouster from long-continued
adverse holding. — See 13 A. D. 71, 72.

Tenant can dispute landlord's title, when. — See 69 A. D. 510,
511.

Termination of tenancy by refusal to recognize lessor as
such. — See Kerr's Cyc. C. C. § 1933 and note.



§1949. TENANT MUST DELIVER NOTICE SERVED ON
HIM. Every tenant who receives notice of any proceeding
to recover the real property occupied by him, or the posses-
sion thereof, must immediately inform his landlord of the
same, and also deliver to the landlord the notice, if in writ-
ing, and is responsible to the landlord for all damages which
he may sustain by reason of any omission to inform him of
the notice, or to deliver it to him [if] in writing.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 246.

See Kerr's Cyc. C. C. for 3 pars, annotation.
As to hiring of real property generally, see note § 1941, ante.
Action against stranger to recover possession not incumbent
on lessee.— See Kerr's Cyc. C. C. § 1927 and note par. 51.

§ 1950. LETTING PARTS OF ROOMS FORBIDDEN. One

who hires part of a room for a dwelling is entitled to the
whole of the room, notwithstanding any agreement to the
contrary; and if a landlord lets a room as a dwelling for
more than one family, the person to whom he first lets any
part of it is entitled to the possession of the whole room for
the term agreed upon, and every tenant in the building, under

1046



Tit.V,Ch.III.] OBLIGATIONS OF LETTER. § 1955

the same landlord, is relieved from all obligation to pay rent
to him while such double letting of any room continues.

History: Enacted March 21, 1872.

As to hiring of real property generally, see note § ^^^V ante.
For CommiLioners- comment on this section, see Kerr s Cyc. .
C. C. § 1950. note.

CHAPTER III.
HIRING OF PERSONAL PROPERTY.
§ 1955. Obligations of letter of personal property.
§ 1956. Ordinary expenses.
§ 1957. Extraordinary expenses.
§ 1958. Return of thing hired.
§ 1959. Charter party, what.

§ 1955. OBLIGATIONS OF LETTER OF PERSONAL PROP-

ERTY. one who lets personal property must deliver it to
the hirer, secure his quiet enjoyment thereof agamst all law-
fu Claimants, put it into a condition fit for the purpose fo
which he lets it, and repair all deterioration «^ -^^ -
occasioned by the fault of the hirer and not the natuial
result of its use.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

HIRE OF PERSONALTY— BAILMENTS.

AS to action by bailor or ^^il^^ see 1 A^D^587. 588. ^^^^^^^^
As to trespass quare clausum ^^egit oy ^^^

entry on land during term, see Kerr s Cyc. C. C. 9 i»

"Tctro'n'agai'nl't baiiee.-See 1 Obiter Dig. 200.

fction alainst wrong-doer.-See 1 ObUer^J 200.

^^.^^^:'^i:^-^'^o:S^^!^ L-coid stor.



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 87 of 156)