West

Appellee, W. E. Conrad, defendant below, is the owner of a duplex house in Los Angeles, California. An OPA ceiling rental on one-half of the house (an eight room unit with which this case is concerned) had been established at $75 per month. Prior to February 1, 1947 the unit had been -rented by appellee for that amount. The house was situated in a district which was primarily residential but which' had been zoned for business. Appellee advertised in newspapers seeking to rent the property for business purposes.

Appellant, Mabel E. West, answered the advertisement and on March 4, 1947 rented the property for a period of two years under a written lease at a rental of $350 per month. A term of the lease provided that the property (“that certain Studio dwelling house and its appurtenances”) was to be used as a “Guest House or for any other lawful purpose.” The evidence indicated (and the trial court so found) that when the lease was executed, the parties intended for appellant to use the house for a “rest home” for ambulatory patients. Appellant and -her husband then owned a sanitarium in another part of the city.

Appellant occupied the premises (together with various subtenants,…