Page:United States Statutes at Large Volume 76A.djvu/461

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–365–

-365of not less than 30 days to be specified in the notice, and a tenant continuing in possession after the expiration of the notice period is guilty of unlawful detainer. (2) Wlien he continues in possession, in person or by subtenant, without the permission of his landlord, or the successor in estate of his landlord, if any, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' written notice, requiring its payment, stating the amount which is due, or possession of the property, has been served upon him and if there is a subtenant in actual occupation of the premises, also upon the subtenant. The 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 a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days" written notice, requiring the performance of the conditions or covenants, or the possession of the property, has been served upon him, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture. If the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his subtenant, demanding the performance of the violated conditions or covenants of the lease. A tenant may take proceedings, similar to those prescribed in this subchapter, to obtain possession of the premises let to a subtenant, in case of his unlawful detention of the premises underlet to him. (4) A tenant or subtenant assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, upon service of three days' notice to quit upon the person or persons in possession, is entitled to restitution of possession of the demised premises under the provisions of this subchapter. § 1804. Service of notice: The notices required by section 1803 of this title may be served, either: (1) by delivering a copy to the tenant personally; or (2) if he is absent from his place of residence, and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or (3) if the place of residence and business can not be ascertained, or a person of suitable age or discretion can not be found there, then by aflSxing a copy m a conspicuous place on the property, and also delivering a copy to a person there residing, if such a 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.