McArthur v. Kluck

California Court of Appeal Dec 26, 1925 No. Docket No. 5280.Published

Before: Langdon

AI Brief

AI-generated · verify before citing

Holding. A lessee who defaults on rent and surrenders the premises is not entitled to recover advance rent payments made at the execution of the lease, as the lessor is entitled to retain such funds.

Issues

Whether a lessee may recover advance rent paid for the final months of a lease term after defaulting and surrendering the premises to the lessor.
Whether the trial court's failure to make specific findings of fact on a counterclaim constitutes reversible error when the claim is legally insufficient.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“if it is to be regarded merely as an advance payment of rent, the lessor is entitled to retain it.”

LANGDON, P. J.

Defendants appeal from a judgment against them for the amount of rent due under a lease in which they were lessees. The plaintiff was the lessor. While defendants were in possession of the leased farm land, which is situated in Imperial County, California, they defaulted in the payments of rent for several months, amounting to about $800. In response to a notice preceding an unlawful detainer action, they surrendered possession of the premises to the lessor.

By the terms of the lease the lessees agreed to pay $8,000 for the land from April 1,- 1920, to July 31, 1923. The provision of the lease which is pertinent to the only substantial issue upon the appeal is as follows:

“Parties of the second part shall pay to party of the first part, as rental for the land hereinbefore described, the sum of $8,000, payable as follows: $1650.00 in cash at the date of the execution of this lease, receipt of which is hereby acknowledged, to be applied as follows: $400.00 to apply on the rent accruing during the first year of said lease, and the sum of $1250 as full payment of the rent accruing for the last five months of said term, the remainder of said rental being payable in monthly installments. ...”

There was no dispute between the parties as to the amount of rent due from the defendants at the time

[787]

the premises were surrendered up to the lessor, but defendants set up a counterclaim for the $1,250 paid by them at the time of the execution of the lease and which was paid “as full payment of the rent accruing for the last five months of said term.” Defendants’ claim is in effect: Where at the time of the execution of a written lease the tenant pays to the lessor a certain sum, which is stated in the lease to be in full payment of the rent for the last five months of the term, and thereafter, upon the tenant’s failure to pay rent accruing, the lessor serves a three days’ notice, demanding the payment of the rent due or the surrender of the premises, and the tenant thereupon surrenders the premises and the lessor takes possession thereof, the tenant may recover the advance rent so paid covering the last five months of the term.

The trial court decided against the defendants and appellants upon this proposition and such determination is supported by the case of

McArthur v. Kluck

AI Brief

LANGDON, P. J.

More from California Court of Appeal

Related research

AI Brief