Commonwealth v. Knarr

Citations

• 135 Pa. 35
• 19 A. 805
• 1890 Pa. LEXIS 1148

Syllabus

<p>1. A lessee, permitted to hold over after the expiration of Ms term, is in. no sense a trespasser while he continues in possession, but, on the contrary, he has a clear legal right to remain upon the demised premises until he is notified to quit.</p> <p>(a) In assigning a lease to Knarr, Geis stipulated that he should have the occupancy of a part of the premises, free of charge, until the lease ex-pii'ed; and during the residue of the term, and for nine days thereafter, he occupied it apparently under Knarr.</p> <p>(b) At the end of the assigned term, Geis unknown to Knarr received a new lease from the landlord. On his making it known, and asserting a claim thereunder, nine days later, Knarr ordered him to leave, and, on his refusal so to do, ejected him by force:</p> <p>2 Upon these facts, Geis clearly did not have, as against Knarr, such possession as would sustain a verdict convicting Knarr of forcible detainer, his possession, such as it was, being merely by Knarr’s permission,.which the latter was not bound to continue.</p>