Does a lease which allows a lessor to enter and take possession of a commercial property without notice of the lessee's notice of termination constitute an election to terminate the lease?

California, United States of America


The following excerpt is from Sinai v. Schiffman, 109 Cal.App.2d Supp. 925, 240 P.2d 1054 (Cal. Super. 1952):

It is true that in the case of Yates v. Reid, supra, the lease contained a further provision that the lessor might 'without notice' re-enter and take possession, and that no re-entry should be construed as an election to terminate 'unless written notice to that effect' were delivered to the lessee. Such a provision in the present lease no doubt would have eliminated the present controversy, and it is for that reason no doubt a desirable and wise provision. Such a provision, however, is by no means necessary to make the other provisions of the lease effective.

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