Steinegger v. Fields

The trial court found the following facts: The defendants leased from the plaintiff for approximately two years prior to the commencement of this action a second floor apartment pursuant to a month-to-month oral lease. The rent was due and payable on the first day of each month. The rent for June, July and August, 1979, was paid through the mail by money orders dated the fifteenth, sixteenth and fifteenth, respectively, and was accepted by the plaintiff without comment. On September 17, 1979, the defendants were served with a notice to quit possession for failure to pay the September rent. On…