of the premises. If the tenant has broken some other condition of the lease, the same written notice must be served on him, and on subtenants, if there be any, requiring him to perform the conditions of the lease or surrender the possession of the property. The lease will be saved from forfeiture if the rent is paid or other condition of the lease performed within three days after service of the notice. If the rent is not paid or condition performed within three days after service of the notice, the landlord may recover possession of the property in a suit for unlawful detainer.

Civil Code, Sections 789, 1946; Code of Civil Procedure, Section 1161.

Act of the Legislature, approved February 15, 1911.

(a)-Raising the Rent.-The legislature has passed a law providing that a notice of raising rent shall have legal effect. The law reads: "In all leases of lands or tenements, or of any interest therein, from month to month, the landlord may, upon giving notice in writing at least. thirty days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month."

Act of the Legislature, in effect February 26, 1907.

Section 85.-HOW NOTICE TO QUIT MUST BE SERVED. The notice to quit must be served either by delivering a copy to the tenant personally; or, if he is absent from his place of business or residence, by leaving a copy of the notice at either place with some person of suitable age and discretion, and sending a copy through the mail, addressed to the tenant at his place of residence; or if his place of business or residence cannot be ascertained, or if no person of suitable age and discretion can be found

at either place, the notice may be served by posting a copy in a conspicuous place on the premises, and delivering a copy to any person found residing there, and also sending a copy through the mail addressed to the tenant at the place where the property is situated.

Code of Civil Procedure, Section 1162.

Section 85a.-FORM OF NOTICE TO QUIT.-A notice to quit need not be in any particular form to be valid. It is sufficient, in any form, if it shows on its face that possession is demanded, and that the time fixed by the statute is given. The following is a form of notice to quit, to be served where the tenancy is for no definite term:

State of

To...

California,

191

Take notice that you are hereby required to quit and deliver up to me the possession of the premises now held and occupied by you, known as.

on the..

(Here describe the premises.)

day of..

191..

"

This is intended as a thirty days' notice to quit, for the purpose of terminating your tenancy.

Landlord.

Section 85b.-FORM OF NOTICE TO PAY RENT OR SURRENDER POSSESSION.-The following is a form of three days' notice to pay rent or surrender possession:

State of California, 191..

To.....

You are hereby required to pay the rent of the premises hereinafter described, and which you now hold possession of, amounting to the sum of.

. Dollars, being the amount now due and owing to me by you, within

three days after service of this notice as required by law, or deliver up to me the possession of the said premises.

Said premises are situated at.....

and described as follows, to-wit:

(Here describe property.)

Landlord.

Section 86.-OPTION TO PURCHASE IN LEASE. -The lessor may provide in the lease that the lessee shall have the right to purchase the leased premises at some time within the term. If the lessee concludes to take advantage of the option given him, he must so notify the lessor, and tender the purchase price agreed upon in the lease. If he notifies the lessor that he will take the property, as provided for in the lease, and tenders the purchase price, the lessee will have the right to a deed, and the lessor can be compelled to execute his deed to the property.

Section 86a.-FORM OF LEASE OF PERSONAL PROPERTY.-The following is a form of lease of personal

That in consideration of the rents, covenants and agreements to be paid and performed on the part of the said party of the second part, the said party of the first part does hereby lease to the party of the second part all those certain goods and chattels, situate at....

particularly described as follows, to-wit:

and

(Here give a particular description of each article of personal property.)

To have and to hold the same to the said lessee, for the term of... ..years, beginning..

191.., and ending..

therefor the yearly rent of. during the said term.

191.., the said lessee paying

...Dollars

And the said lessee covenants and agrees with the said lessor that he will pay the rent aforesaid, in monthly payments of..... ... Dollars each, on the first day of each and every month during said term; and that he will not assign nor underlet this lease or the said goods and chattels, nor any part thereof, without the written consent of said lessor; and that he will, at his own expense, replace any and all of said goods and chattels which shall be lost, or carelessly or accidentally injured, during the said term; and at the expiration of said term, or sooner termination of this lease, he will restore the said goods and chattels to the said lessor, in the like good order in which they now are, wear and diminution resulting from reasonable use and unavoidable casualties excepted. And it is agreed that, until the expiration of said term, or until condition broken, said party of the second part shall peaceably retain possession of said goods and chattels, but in case any one or more of the conditions of this lease are broken by the said party of the second part, the party of the first part may at any time, day or night, enter the place where said goods and chattels, or any part thereof, may be, and remove the same, and he may use all necessary force to remove the property herein described.

And it is further agreed that time is of the essence of this

contract.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first above written.

(Seal.) (Seal.)

Section 86b.-TENANT MUST DELIVER NOTICE SERVED ON HIM.-Every tenant who receives notice of any proceeding to recover the real property occupied by him, or its possession, must inform his landlord immediately, and must also deliver to his landlord the notice he received, if in writing; and if the tenant fails to inform his landlord of any such notice, or to deliver the notice to

him, if in writing, he will be liable to the landlord for all damages which he may sustain by reason of his failure.

Civil Code, Section 1949.

Section 87.-FORM OF FARMING LEASE ON SHARES.-The following is a form of farming lease on

shares:

THIS INDENTURE, made the...

191.., between.. ....of the County of..

State of California, the party of the first part, and....

second part, witnesseth:

day of

of the same place, the party of the

That the said party of the first part, for and in consideration of the rents, covenants, and agreements hereinafter mentioned, reserved and contained on the part of the said party of the second part, his executors or administrators, to be paid, kept, and performed, has granted, demised, and to farm let, unto the said party of the second part, his executors or administrators, all those certain lots, pieces or parcels of land situate, lying and being in the County of State of California, and particularly

described as follows, to-wit:

(Here describe the land.)

To have and to hold the said demised premises, unto the party of the second part, his heirs, executors, or administrators, for his and their sole and proper use and benefit, for and during the term of... years, beginning

.., 191.., and ending.. 191..., together with all the tenements and hereditaments thereunto appertaining, and all the stock and farming utensils, of every name and nature, now being in or upon the same, belonging to the said party of the first part.

In consideration whereof, the said party of the second part hereby covenants and agrees to and with the said party of the first part, that he will occupy, till and in all respects cultivate the premises above mentioned, during the term aforesaid, in a farmerlike manner, and according to the usual course of farming practiced in the neighborhood; that he will not commit any waste or damage, or suffer any to be done; that he will, at his own cost and expense, keep the