Davis v. Hartel

Citations

• 56 Pa. Super. 557
• 1914 Pa. Super. LEXIS 121

Syllabus

<p>Landlord and tenant — Lease—Lodger or tenant — “Housekeeping apartment” — Assignment of lease — Refusal of possession.</p> <p>1. Where the owner of a large three-story building partly occupied for business purposes and as a residence by the owner, executes an instrument in writing by which she “rents” to another a “housekeeping flat,” described as “consisting of a dining room, kitchen, bedroom and sitting room, all furnished, including heat, and light and gas for cooking,” for a term designated, and at a rental stated, with right of renewal, the instrument creates the relation of landlord and tenant, and if the lessee pays the rent in full for the whole term, and before taking possession assigns the lease to another person, the assignee has the right to the possession, and if he is excluded he may recover damages therefor from the lessor.</p> <p>2. In such a case the fact that the lessor used a part of the premises as her own residence, and that this part and the portion leased were reached by a common doorway and hall does not change the character of the instrument, and make it a mere contract between a keeper of a hotel or boarding house and a lodger.</p> <p>3. The assignee of the lease may, in such a case, maintain an action in his own name to recover damages from the lessor for refusing to admit him to the possession. The measure of damages is the rental value of the premises.</p>