Under all the circumstances, I am of the opinion that the tenant was justified in not tendering further rent until the landlord had intimated his willingness to accept it. I am further of the opinion that the conduct of the landlord does not entitle him to any assistance from this court. In coming to this conclusion I am not unmindful of the decision in Fenny v. Casson (1908) 12 OWR 404 (affirmed ibid., 722), wherein Clute, J. says on p. 405 as follows (the italics are mine): “It was further urged that, rent having been refused for January, it was unnecessary to tender rent for February and March. No authority was cited for this position and I do not think that the tender of rent for January, without more, is sufficient to render it unnecessary to make the further tender of rent as it fell due.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.