Baxter v. Maull

Citations

• 75 Pa. Super. 168
• 1920 Pa. Super. LEXIS 241

Syllabus

<p>Landlord and tenant — Lease—Privilege of renewal — Construction — Notice by tenant of intention to surrender.</p> <p>In an action by landlord to recover rent, the plaintiff averred that •the defendant occupied his house for two years under written lease and then moved without giving notice; that the second year’s occupation was “with the consent of the plaintiff,” but that her removal was without having given “three months’ notice,” as required in the lease.</p> <p>The renewal clause in the lease provided as follows: “Seventh, If the lessee shall continue in the occupation of the said demised premises after the expiration of the term hereby created with the consent of the lessor, it shall be deemed a renewal of this lease, and of all the covenants, terms and condition herein contained for the term of another year, and so on from year to year, until the lease is terminated by either party hereto giving to the other not less than three months’ written notice for removal prior to the expiration of the then current term.” Held, that the tenant was entitled to remain on the premises during the second year under the same terms and conditions as the first year, and that she was under no obligation to give three months’ notice of her intention to vacate at the end of the second year. Her tenancy was a holding over with the consent of the landlord and not by reason of failure to give notice. Ashhurst et al. v. Eastern Pennsylvania Phonograph Co., 166 Pa. 357, followed.</p> <p>Porter and Head, JJ., dissent.</p>