Bronisz v. Cienkowski

Citations

• 68 Pa. Super. 524
• 1917 Pa. Super. LEXIS 163

Syllabus

<p>Landlord and tenant — Notice to quit — Waiver of forfeiture— Ejectment — Discontinuance of proceedings — Distress.</p> <p>A landlord may waive the effect of an attempt to terminate the relation of landlord and tenant under notice to quit, and that is undoubtedly true where both parties agree that the tenancy shall he continued.</p> <p>A clause in a lease permitting a forfeiture is not self-operating and may he waived by the lessor. Thus a landlord may serve notice to quit and enter judgment in ejectment, the tenant conlinuing in possession under a claim of right, and subsequently discontinue the proceeding, satisfy the judgment, and distrain for rent in arrears. The relation of landlord and tenant is not terminated under tlie circumstances.</p>