Rose

On September 20, 1951, the plaintiff leased to the defendant a one-story brick and steel building for use as a warehouse for the storage of personal property. The term of the lease was three years and the rental was payable monthly. The lease provided, among other things, that it was understood that the building was not in first-class repair and “that lessee takes said premises as is”; that the lessor should not be obligated to make or pay for any repairs or alterations of any kind whatsoever; and that “the lessee will, at his sole cost and expense, faithfully observe in the use of the premises, all municipal regulations and statutes now in force or which may hereafter be in force.”

On June 24, 1952, the Building Department of Orange County posted a notice on the leased property which stated that “This building is deemed unsafe for human occupancy,” under a section of the county building code, and that “It is unlawful for any person to occupy or reside in this building.” About the same time the county building department served a notice on the plaintiff purporting to require that certain repairs or improvements be commenced within 30 days and be completed within 90 days.

The…