Ballou v. Mehring

Citations

• 28 Pa. Super. 156
• 1905 Pa. Super. LEXIS 156

Syllabus

<p>Landlord and tenant — Justice of the peace — Judgment—Act of December 14, 1863, P. L. (1864) 1125 — Bents—Damages.</p> <p>. The record of a judgment of a justice of the peace under the landlord and tenant act of December 14, 1863, must show that the “lessor was quietly and peaceably possessed of the lands or tenements required to be surrendered up, and that he demised the same to the tenant in possession or to some other person under whom such tenant claims, and that the term for which the same were demised is fully ended, and that three months previous notice had been given of his desire to repossess the same.” Such facts must be found by the justice and placed in his record, or if the complaint sets forth these facts, the justice must find that the complaint is in all respects true, and must so state of record.</p> <p>Under the Act of December 14, 1863, P. L. (1864) 1125, a justice of the peace has no power to enter judgment for rent in arrears. He has power only to enter judgment for the damages proved to have been sustained by the landlord by the unjust detention of the premises by the tenant.</p>