Page:United States Statutes at Large Volume 47 Part 1.djvu/1039

 72d C ONGRESS. SESS. II. CH. 127. F EBRUA RY 27, 1933 . 1015 term for which it is let to him, without the permission of his land- lord, or the successor in estate of his landlord, if any there be ; but in case of a tenancy at will it must first be terminated by notice, as prescribed in the Civil Code. 2 . When he continues in possession, in person or by subtenant, After default in rent. without the permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three da ys' notic e, in wri ting, req uiring it s payment stat- Not ice. ing the amount which is due, or possession of the property, shall have been served upon him and if there is a subtenant in actual occupa- tion of the premises, also upon such subtenant. Such notice may be served at any time within one year after the rent becomes due. 3. When he continues in possession, in person or by subtenant, After breach of cove after a neglect or failure to perform other conditions or covenants De nt. of the lease or agreement under which the property is held, includ- ing any covenant not to assign or sublet, than the one for the pay- ment of rent, and three days' notice, in writing, requiring the per- formance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there is a sub- tenant in actual occupation of the premises ; also, upon such sub- tenant. Within three days after the service of the notice, the tenant, Performance after no- or any subtenant in actual occupation of the premises, or any mort- tic s. gagee of the term, or othe r person interest ed in its continua nce, may perform the conditions or covenants of the lease or pay the stipu- lated rent, as the case may be, and thereby save the lease from for- feiture : Provided, That if the conditions and covenants of the lease, Proviso. When per forma nce violated by the lessee, cannot afterward be performed, then no notice, impossible. a s last prescribe d herein, need b e given to said lessee or his su btenant, deman ding t he per forman ce of the vi olated condit ions o r cove nants of the lease. A tenant ma y take pr oceedings, similar to thos e prescri bed in th is Proceedings against subchapter, to obtain possession of the premises let to a subtenant, s ubtenant. in case o f his unl awful det ention of the prem ises unde rlet to h im. 4 . Any tenant or subtenant assigning or subletting or committing contrary o le o con dit io ns waste upon the demised premises, contrary to the conditions or cove- of lease. nants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, shall upon service of three days' notice to Notice. quit upon the person or persons in possession, be entitled to restitu- tion of possession of such demised premises under the provisions of this subchapter. SEC. 619. SERVICE of xoTicE .-The notices required by the preced- Service of. ing s ection ma y be serv ed, eithe r 1. By delive ring a co py to the tenant p ersonall y ; or 2. If he be absent fr om his pl ace of re sidence, and from his usua l place of busin ess, by l eaving a copy wit h some pe rson of s uitable a ge and discretion at either place, and sending a copy through the mail addressed to - the tenant at his place of residence ; or 3. If such place of residenc e and bus iness can not be a scertaine d, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found ; and also sending a copy through the mail addressed to the. tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner. SEC. 620. PARTIES DEFENDANT .-NO person other than the tenant Parties defendant. of the premi ses and s ubtenant, if there be one, in the ac tual occu pa- tion of the premises when the complaint is filed, need be made parties