Corwin v. Hamilton

VAN DYKE, P. J.

On February 26, 1954, appellants, as lessees, and respondents, as lessors, entered into a written lease for a term of five years, whereby the respondents leased to appellants the “southerly front three rooms facing Florence Avenue of the Corwin Building, situate in Dunsmuir, California.” Early in January, 1955, the appellants removed their possessions from the leased premises, and, paying no further rent, were sued by the respondents in this action for rental accrued. Respondents obtained judgment and therefrom this appeal is taken.

The complaint alleged the making of the lease and the nonpayment of rent from February 1, 1955, to September 30, 1955, that being the period ensuing between the first failure to pay rent and the filing of the action. The answer admitted the making of the lease, denied generally the accrual and nonpayment of rent and affirmatively pleaded eviction resulting from respondents’ having barricaded the entrance to the leased premises, thereby preventing use thereof by appellants. They further alleged that prior to January, 1955, they had removed their possessions and belongings from the leased premises, had advised respondents of their intention to surrender their lease and that respondents had accepted surrender and terminated the lease. The trial court found against appellants in respect of all the defenses urged.

It was in the trial court, and it is here, the contention of appellants that although the lease made no mention of any right to use other than the three rooms specifically described therein yet they were entitled to use for auto parking purposes a vacant lot owned by respondents which was contiguous to the lot upon which the office building was situated; that

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they were also entitled to use the back door of the office building as an entrance to the building. They contended further that after they had moved from the leased premises the respondents had barricaded the back door of the office building so that it could no longer be used in connection with the rooms they had rented and that respondents had prevented the use of the adjoining lot for parking purposes by tenants of the building, including appellants; that by these acts respondents had constructively evicted appellants and they had impliedly accepted the tendered surrender of appellants’ leasehold.