Apart from equity, the failure to pay the rent within the time permitted would not by itself terminate the lease. Mayron's Bake Shops, Inc. v. Arrow Stores, Inc., 149 Conn. 149, 156,176 A.2d 574 (1961). Some unequivocal act by the plaintiff showing that it had exercised its option to terminate was necessary. Id.; Chapel-High Corporation v. Cavallaro, 141 Conn. 407, 411,106 A.2d 720 (1954). Service of the notice to quit on September 13 would constitute such an act. The letter from the attorney on the very next day negated the effect of the notice to quit, however, at least until the further negotiations which that letter invited had terminated. The tender of full payment of the rent on September 19, before the plaintiff declared the negotiations closed, barred the plaintiff from proceeding with the forfeiture of the lease. Mayron's Bake Shops, Inc. v. Arrow Stores, Inc., supra. "The rule is well established ... that a *Page 825
tender of the rent, after a breach of a covenant of payment, and before the declaration of a forfeiture by some unequivocal act on the part of the lessor, saves the lessee's rights and prevents the completion of the forfeiture by the lessor thereafter." Kovner v. Dubin, 104 Conn. 112, 120,132 A. 473 (1926). There is no error. In this opinion DALY and BIELUCH, Js., concurred.