Cowell Sales Co. v. Aigner

STERNBERG, Judge.

The issue in this appeal is whether service of a 3-day notice on a tenant who is delinquent in rent constitutes an election by the landlord to terminate the lease thus doing away with the tenant’s obligation to pay rent for the balance of the term. We hold that it does not and, therefore, affirm the judgment of the district court.

When defendant Phillip R. Aigner, the tenant, was delinquent in rent, the landlord, plaintiff Cowell Sales Company, served a standard form “Demand for Payment of Rent or Possession.” The form reads in pertinent part as follows:

“You are hereby…