Cairns v. Llewellyn

Citations

• 2 Pa. Super. 599
• 1896 Pa. Super. LEXIS 94

Syllabus

<p>Landlord and tenant — Lease—Covenant to renew.</p> <p>It matters not in what language a covenant to renew a lease is couched, so that the intention is reasonably apparent and the length of the new term is specified.</p> <p>Lease — Covenant to renew — Holding over, effect as to tenant's liability.</p> <p>Where a lease contains a covenant or option to renew, any holding over, even for a very short time, would give the landlord the right to elect to hold the tenant liable as a tenant for the specified term of renewal, regardless of the intention of the lessees.</p> <p>Option to renew — Holding over is notice of exercise of option.</p> <p>Holding over, by a tenant who has an option for an additional term, is notice to his landlord of his election to exercise his privilege. That actions speak louder than words is sound law, as well as proverbial wisdom.</p> <p>Anything done by the tenants which has the effect of keeping the landlord out of possession, would be deemed as an exercise of the option given the former by the lease, rather than a violation of a covenant to yield up possession at the end of the term.</p>