Abrams v. Sherwin

Citations

• 269 Pa. 31
• 112 A. 235
• 1920 Pa. LEXIS 752

Syllabus

<p>Landlord and tenant — Demand for increased rent and refusal— Holding over — Tenant by suffrance.</p> <p>1. Where a landlord repeatedly demands a stated increased rental as a condition of a new lease, and the tenant repeatedly refuses this demand, and the tenant holds over, the most the tenant will he assumed to have consented to pay, is a reasonable and compensatory rent. The landlord cannot recover the stated increase of rental which he had demanded, unless it is a reasonable and compensatory rent.</p> <p>2. In such case the landlord may look upon the tenant as a trespasser and summarily eject him; or he may treat him as holding over as a tenant by sufferance; or he may regard the holding over as a continuance under the terms of the lease; but the law will not infer an acceptance hy the tenant of the terms which the landlord had demanded as a condition.</p>