ishes from any other cause than the ordinary negligence of the hirer. NOTE.-See note to preceding section. 1933. The hiring of a thing terminates: 1. At the end of the term agreed upon; 2. By the mutual consent of the parties; 3. By the hirer acquiring a title to the thing hired superior to that of the letter; or, 4. By the destruction of the thing hired. 1934. NOTE.-See note to Sec. 1931. As to Subd. 4, see Graves vs. Berdan, 26 N. Y., p. 498. The other clauses are matters of course, arising from "contract." When hiring terminate terminated etc., of If the hiring of a thing is terminable at When the pleasure of one of the parties, it is terminated by by death, notice to the other of his death or incapacity to con- party. tract. In other cases it is not terminated thereby. NOTE.-Story on Bailm., Sec. 419. ment of 1935. When the hiring of a thing is terminated Apportionbefore the time originally agreed upon, the hirer must hire. pay the due proportion of the hire for such use as he has actually made of the thing, unless such use is merely nominal, and of no benefit to him. NOTE.-Modified from Story on Bailm., Sec. 418, 418a. See Harrington vs. Snyder, 3 Barb., p. 380; George vs. Elliott, 2 Hen. & Munf., p. 5; Dudgeon vs. Teass, 9 Mo., 867; Bacot vs. Parnell, 2 Bailey, p. 424; Williams vs. Holcombe, 1 N. C. Law, p. 365; Redding vs. Hall, 1 Bibb, p. 536; Harrison vs. Murrell, 5 Monr., p. 359. CHAPTER II. HIRING OF REAL PROPERTY. SECTION 1941. Lessor to make dwelling house fit for its purpose. 1942. When lessee may make repairs, etc. Lessor to make dwelling house fit for SECTION 1945. Renewal of lease by lessee's continued possession. 1946. Notice to quit. 1947. Rent, when payable. 1948. Attornment of a tenant to a stranger. 1949. Tenant must deliver notice served on him. 1950. Letting parts of rooms forbidden. 1941. The lessor of a building intended for the occupation of human beings must put it into a condiits purpose. tion fit for that purpose, and must repair all subsequent dilapidations thereof, except such as are mentioned in Section 1929. When lessee may make repairs, etc. Term of hiring when no limit is fixed. NOTE. This section changes the rule upon this subject to conform to that which, notwithstanding steady judicial adherence for hundreds of years to the adverse doctrine, is generally believed by the unprofessional public to be law, and upon which basis they almost always contract. The very fact that there are repeated decisions to the contrary, down to the year eighteen hundred and sixty-one, shows that the public do not and cannot understand their justice, or even realize their existence. So familiar a point of law could not rise again and again for adjudication were it not that the community at large revolt at every application of the rule. 1942. 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, and deduct the expenses of such repairs from the rent, or otherwise recover it from the lessor. NOTE. The rules prescribed in the preceding section necessitate this. 1943. 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. NOTE. This section adopts a new but obviously convenient, if not necessary, rule as to the time for which the hiring is made. In some of the larger cities, such as New York, it is considered to operate well, and may everywhere. lodgings indefinite 1944. A hiring of lodgings or a dwelling house Hiring of for an unspecified term is presumed to have been for made for such length of time as the parties adopt for term. 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. NOTE.-Code Napoleon, 2 1758; see Jones vs. Mills, 10 C. B. (N. S.), p. 788. lease by continued 1945. If a lessee of real property remains in pos- Renewal of session thereof after the expiration of the hiring, and lessee's the lessor accepts rent from him, the parties are pre- possession. sumed to have renewed the hiring on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year. NOTE.-Bishop vs. Howard, 2 B. & C., p. 100; see Doe vs. Amey, 12 Ad. & El., p. 476; Despard vs. Walbridge, 15 N. Y., p. 374; Hoff vs. Baum, 21 Cal., p. 120. It was held that: "A new tenancy for one year is not created by the tenant, near the expiration of his term, obtaining from his landlord a receipt for one month's rent extending beyond the expiration of his term;" but if the landlord receives rent after the expiration of the term, a new lease is thereby created, but not necessarily for one year.-Blumenberg vs. Myers, 32 Cal., p. 93. This section provides a different rule from that of this case. quit. 1946. A hiring of real property, for a term not Notice to 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. NOTE.-Jones vs. Mills, 10 C. B. (N. S.), p. 788; see, also, Co. Civ. Pro. Cal., Secs. 1161-1162, as to the method of terminating a lease by notice; see Story on Cont., Secs. 932-3-4-4a-5. Notice.-To tenant at will. Frisbie vs. Price, 27 Cal., p. 253. Tenant denying land Rent, when payable. Attorn ment of a stranger. lord's title not entitled to notice.-Bolton vs. Landers, 27 Cal., p. 104; Smith vs. Shaw, 16 id., p. 88. Nor is a tenant conveying by warranty deed.-Dodge vs. Wally, 22 id., p. 224. Not necessary when not tenant. Kilburn vs. Ritchie, 2 id., p. 145. When to give under award.-Ray vs. Armstrong, 4 id., p. 208. What notice.-Garbell vs. Fitch, 6 id., p. 189. Service, how shown.-Sullivan vs. Cary, 17 id., p. 80. On whom.— Schilling vs. Holmes, 23 id., p. 227. 1947. When there is no usage or contract to the contrary, rents are payable at the termination 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. NOTE. This is made to conform to general usage of other hirings in this Chapter. 1948. The attornment of a tenant to a stranger is tenant to a void, unless it is made with the consent of the landlord, or in consequence of a judgment of a Court of competent jurisdiction. Tenant must deliver notice served on him. NOTE.-Stats. 1855, p. 171, Sec. 7. In the case of Steinbeck et al. vs. Krone et al., 36 Cal., p. 303, it was held that a tenancy is terminated by eviction of tenant on final process in an action of ejectment of which landlord had notice. See, also, Sampson vs. Shaeffer, 3 Cal., p. 196; McDevitt vs. Sullivan, 8 Cal., p. 592; see note to Sec. 1949, post. 1949. Every tenant who receives notice of any proceeding to recover the real property occupied by him, or the possession thereof, must immediately inform his landlord of the same. NOTE. To make a plea of eviction available to a defendant, in an action by the landlord against his tenant for possession, the tenant must be able to show, "of course, that notice (was) given of the proceeding by which he (the tenant was) is evicted, so that the landlord may not be taken by surprise and suffer an injury by reason of the carelessness or collusion of the tenant, and the notice may be oral."-Wheelock vs. Warschauer, 21 Cal., p. 316. See, also, id., 34 Cal., p. 265. parts of forbidden. 1950. One who hires part of a room for a dwelling Letting is entitled to the whole of the room, notwithstanding rooma 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 the same landlord, is relieved from all obligation to pay rent to him while such double letting of any room continues. NOTE. This provision is intended to prevent one of the chief abuses of tenement houses. Mere penalties, whether civil or criminal, are not likely to be enforced. But the loss of rent would be a punishment that could be enforced by way of defense to an action therefor. CHAPTER III. HIRING OF PERSONAL PROPERTY. SECTION 1955. Obligations of letter of personal property. 1956. Ordinary expenses. 1957. Extraordinary expenses. 1959. Charter party, what. of letter of property. 1955. One who lets personal property must deliver obligations it to the hirer, secure his quiet enjoyment thereof personal against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations thereof not occasioned by the fault of the hirer and not the natural result of its use. NOTE.-See Sec. 1927 and note, ante; Story Bailm., Sec. 383: 1. Delivery to hirer essential, together with proper accompaniments for its use; 2. The use of the thing by the hirer must not be obstructed by the letter; 3. Letter must do no act to deprive hirer of the thing or of its proper use; 4. Third persons must not be able to disturb hirer's possession; and 5. The letter must keep the thing in suitable order and repair for its proper use. This note does not propose to give the language of Mr. Justice Story; but these essentials of |