Section 77b.-ASSIGNMENT OF LEASE.-The lessee may make an assignment of the lease, with the written. consent of the lessor; or, if the lease contains no provision against assignment without consent, then the lessee may make an assignment of the lease without the consent of the lessor.

Section 77c.-FORM OF ASSIGNMENT OF LEASE. -The following is a form of assignment of lease: KNOW ALL MEN BY THESE PRESENTS: That I, of the County

of.....

State of California, for and in

of the same

consideration of the sum of.. Dollars, Gold Coin of the United States, to me in hand paid by..... place, do by these presents sell, convey, assign, transfer, and set over unto the said....

a certain lot, piece, or parcel of land situate in the County of.....

ticularly described as follows, to-wit:

State of California, and par

(Here describe property.)

for the term of... said

Dollars, payable in.

. years, reserving unto the ...the rent of (monthly or

yearly) payments of.. ..day of.

...on the in each and every........... (month or year).....during said term, with all and singular the premises therein mentioned and described, and the buildings thereon, together with the appurtenances. To have and to hold the same unto the said..

and administrators, from the...

his heirs, executors,

day of

191.., for and during all the remainder yet

. years,

to come of the said term of.... mentioned in said indenture of lease. And I do hereby covenant and agree to and with the said...

that the said assigned premises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, and incumbrances, by me suffered, made, or created.

In witness whereof, I have hereunto set my hand and seal the day and year first above written.

(Acknowledgment in usual form.)

Section 78.- WHAT

(Seal.)

REPAIRS LESSOR MUST MAKE. The lessor of a building intended for the occupation of human beings must, unless there is an agreement to the contrary, put the building into a condition fit for occupation, and keep it in tenantable repair during the term of the lease. If the building gets out of repair by the fault of the tenant, or in a dangerous condition by reason of the tenant's lack of ordinary care, the lessor is not bound to make such repairs, but the tenant himself will be liable to make them.

Civil Code, Sections 1941, 1949.

Section 79.-WHEN LESSEE MAY MAY MAKE REPAIRS. When dilapidations have been occasioned to a dwelling which the landlord ought to repair, but neglects to do so, the tenant may make the repairs himself, provided the cost of such repairs is not more than one month's rent of the premises; and the tenant may deduct the cost of such repairs as he is compelled to make from the rent. But, before he can legally make the repairs himself, so as to deduct the cost from the rent, he must give reasonable notice to the lessor, stating the character of the dilapidations and the repairs needed, and that the lessee intends to make the repairs. if the lessor does not. This notice may be given verbally or in writing. If after such notice the lessor refuses or neglects to make the repairs, the lessee may vacate the premises, in which case he will be discharged from further payment of rent, or the performance of the other conditions of the lease. The law gives the tenant the privilege of

vacating the premises in case the landlord neglects to make the repairs needed, and also authorizes him, if he prefers, to remain and make the repairs himself, when they do not require an expenditure exceeding one month's rent. The law relates only to buildings intended to be occupied by human beings, and the Supreme Court of this State has intimated in several decisions that the tenant of business property has no right to make repairs himself at the expense of the landlord, and that the lessor of business property is not required by the law to keep the building in repair at all. So far as business property is concerned, that is, buildings not intended for human habitation, for residence, the law leaves the matter of repairs to be determined solely by the terms of the agreements in the lease.

Civil Code, Section 1942.

Section 80.-—TERMINATION OF LEASE.-A lease is terminated by the expiration of the term, or by the happening of some event which works a forfeiture of the lease, or by consent of the parties. A lease is terminated, as a matter of course, at the end of the term. So, too, it is, of course, within the power of the parties to agree, before the end of the term, for the termination of the lease at any time. The lease may provide that, if any condition of the lease be broken, as for non-payment of the stipulated rent at the time agreed upon, or for breach of a covenant not to assign the lease without the consent of the lessor, the lease shall be terminated, and a breach of the condition. will terminate the lease.

Section 81.-RENEWAL OF LEASE.-A lease may provide by its terms for its renewal, and the lessee will have the right to a renewal of the lease according to the agreement. But if the lease gives the privilege of renewal for a further term, the lessee must, before the expiration of the original term, give the lessor notice that he elects to renew the lease; and if he does not give such notice, his right to insist upon the privilege of renewal is lost. If a

lessee of real property remains in possession after the expiration of the term, and the lessor accepts rent from him, the law presumes that the parties have renewed the contract on the same terms and for the same time, but not exceeding one month, when the rent is payable monthly, nor in any case exceeding one year. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of the term without any demand for possession or notice to quit by the landlord, he will be deemed to be holding by permission of the landlord and will be entitled to hold the land under the terms of the lease for another full year. (Act of the Legislature, approved February 28, 1905.)

Civil Code, Section 1945.

Section 81a.-FORM OF NOTICE OF INTENTION TO RENEW LEASE.-Following is a form of notice by tenant of his intention to renew the lease. It is not required to be acknowledged, or recorded, even though the original may be both acknowledged and recorded. The notice may be served on the landlord either personally or by mail. It must be served on the landlord at any time before the expiration of the original lease:

in accordance with the terms stated in said original lease with reference to a renewal thereof.

Tenant.

Section 82.-TERM OF HIRING WHEN NO LIMIT IS FIXED-By the statute of California it is provided, that a hiring of real property, other than lodgings and dwelling-houses, in places where there is no custom on the

subject, is presumed to be for one year from its commencement, when no limit is fixed to the term by the agreement between the parties. The hiring of lodgings or a dwellinghouse for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus, a hiring at a monthly rate of rent is presumed to be for one month. If there is no agreement respecting either the length of time or the rent, the hiring is presumed to be monthly.

Civil Code, Sections 1943, 1944.

Section 83.-WHEN RENT IS PAYABLE.-The law provides, that when there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due.

Civil Code, Section 1947.

Section 84.-NOTICE TO QUIT.-When the term of hiring of real property is not specified by the parties, to terminate the hiring, one of the parties must give notice to the other of his intention to end the hiring. The tenancy may be terminated by the landlord giving notice to the tenant, in writing, to remove from the premises. The notice must specify the time within which the tenant must remove from the premises, and must give him a period of not less than thirty days. After this notice has been served, and the period specified in the notice has expired, the landlord may proceed to recover possession, either by re-entering and taking possession or by a suit in court. Three days' notice only is required to be served on a tenant under a lease for a stated term. If such tenant fails to pay the rent agreed upon, the landlord, at any time within one year after the rent becomes due, may give three days' notice, in writing, requiring the payment of the rent within that time; and this notice must also be served on any subtenant who may be in possession of any portion