Velishka v. Laurendeau

The breach of the lease on account of which the plaintiff seeks possession of the premises is the nonpayment of the January 1954 rent. His claim turns upon the question of whether all or any part of that rent is due and owing to him. When real estate subject to a lease is transferred by the lessor, his grantee is not entitled to maintain statutory proceedings to oust the tenant for nonpayment except on account of rents as to which he has the right of collection. 32 Am. Jur., Landlord and Tenant, s. 1018, p. 853.

In returning a verdict for the defendant, the Trial Court presumably found that…