Mills

The defendant is the lessee of a three-story brick building in the town of Turlock, the owner and lessor thereof being D. H. Arakelian. At the times mentioned herein the ground floor was occupied by stores and a theater, the ceiling of the theater being higher than those of the other rooms. The second and third stories above the stores, containing two apartments and nineteen other rooms, were used as a hotel, which was known as the Broadway Hotel. The defendant sublet the hotel, fully furnished, for a term of five years from the first day of July, 1920. The sublessee deposited $1,000 with the defendant as security for the payment of installments of rent as they became due. Through various assignments, the plaintiff acquired the rights of the sublessee, including the latter’s interest in the deposit of $1,000, and went into possession of the hotel in January, 1923. On May 2, 1923, the plaintiff was informed by defendant and Arakelian that the building was unsafe for human habitation and he and his guests immediately vacated the premises. On the following day he served the defendant with written notice of such removal and demanded payment of the amount of the deposit, less the sum…