Carr v. H. W. Johns-Manville Co.

Citations

• 60 Pa. Super. 500
• 1915 Pa. Super. LEXIS 227

Syllabus

<p>Landlord and tenant — Tenancy iy implication — Tenancy from quarter to quarter.</p> <p>A tenancy may be implied by occupancy and a payment of rent in the absence of an express contract, and the manner of payment as made by the tenant and accepted by the landlord, may determine the terms of the lease. An implied agreement for the payment of rent may create a -tenancy from quarter to quarter in the absence of an express agreement for a different term.</p> <p>Where a lessee holds premises as a tenant from quarter to quarter under a lease from a life tenant, and the lessor dies in the middle of the quarter, and the lessee pays the rent due for the whole quarter to the executor of the lessor to he divided between the estate of the life tenant and the remainderman, and thereafter pays the remainderman the rent per quarter until he removes from the premises, the lessee continues as a tenant from quarter to quarter, and is liable for a whole quarter, although he vacated the property in the middle of the quarter, but at the end of the year after the death of the life tenant.</p>