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Keywords

plaintiffdefendanttrialwillleasematerial breach
plaintiffdefendanttriallease

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Kassan v. Stout, 9 Cal.3d 39, 507 P.2d 87, 106 Cal.Rptr. 783

Facts

In 1965, plaintiffs leased a building from defendants for a three-year period. The lease prohibited assignment or subletting without the lessor's consent. Less than two years later, plaintiffs negotiated to sell their laundry business, including the leasehold interest, to William Fetman, who moved onto the premises and began operating the laundry. Defendants refused to accept rent payments from Fetman and subsequently posted a notice of material breaches of the lease before evicting Fetman and re-letting the premises to another tenant.

In 1965, plaintiffs leased a building from defendants for a three-year period. The lease prohibited assignment or subletting without the lessor's consent.

Issue

Did the lessees abandon the premises, thereby allowing the lessors to evict them without following the proper legal procedures?

Did the lessees abandon the premises, thereby allowing the lessors to evict them without following the proper legal procedures?

Rule

An abandonment occurs when the lessee leaves the premises vacant with the intention not to be bound by the lease. A lessor cannot claim abandonment unless they accept the surrender of the property.

An abandonment occurs when the lessee leaves the premises vacant with the intention not to be bound by the lease.

Analysis

The court analyzed the facts and determined that the lessees did not leave the premises vacant but instead turned it over to Fetman, indicating their intention to retain their leasehold interest. The lessors' actions, including posting a notice of breaches and evicting Fetman, demonstrated that they did not accept any claimed abandonment. Therefore, the court concluded that there was no abandonment, and the lessees remained bound by the lease.

The court analyzed the facts and determined that the lessees did not leave the premises vacant but instead turned it over to Fetman, indicating their intention to retain their leasehold interest.

Conclusion

The court reversed the trial court's judgment, concluding that the lessees had not abandoned the premises and that the lessors had not followed the proper legal procedures for eviction.

The court reversed the trial court's judgment, concluding that the lessees had not abandoned the premises and that the lessors had not followed the proper legal procedures for eviction.

Who won?

Plaintiffs prevailed in the case because the court found that they did not abandon the premises and that the lessors failed to accept any surrender of the property.

Plaintiffs prevailed in the case because the court found that they did not abandon the premises and that the lessors failed to accept any surrender of the property.

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