Bert
Opera House & Art Bldg. Ass'n v. Bert
Opinion
lead Opinion
The action is forcible detainer, brought upon the third subdivision of sec. 1161 of the Code of Civil Procedure, which reads as follows : “ A tenant of real property for a term less than life is guilty of an unlawful detainer: * * * 8. When he continues in possession, in person or by sub-tenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held than the one for the payment of rent; and three days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a sub-tenant in actual occupation of the premises, also upon such sub-tenant. Within three days after the service of the notice the tenant, or any sub-tenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in the continuance, may perform the conditions or covenants of the lease, or pay' the stipulated rent, as the case may be, and thereby save the lease from forfeiture. A tenant may take proceedings similar to those prescribed in this chapter to obtain possession of the premises let to an under-tenant, in…