Eagle v. Matthews

Citations

• 98 Kan. 715
• 160 P. 211
• 1916 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Constructive Eviction — Acts of Third■ Per-so-ns — •When Not Binding on Landlord. In order to constitute a constructive eviction, the acts complained of must be those of the landlord or those for which he is responsible, and acts of third persons impairing the usefulness or enjoyment of the premises do not amount to an eviction by the landlord unless committed under his direction or at his instance or with his consent. •</p> <p>2. Same — Constructive Eviction — Not Result of Wrongdoing, Direction or Consent of Landlord — Verdict. In an action to recover rent where the defense is a constructive eviction, a general verdict in favor of the defendant will be set aside where the special findings show that none of the grounds upon which the defendant claims the right to abandon the premises resulted from any wrongdoing of the plaintiff or by his direction or consent. .</p> <p>3. SAME — Eviction Claimed — Tenant Guilty of Laches by Remaining in Possession. Where a tenant claims that circumstances have arisen which give him the right to abandon the lease and he claims an eviction, he must act within a reasonable time after the discovery of the conditions, and where he remains in possession of the premises under the lease for eleven months and the conditions were the same before and after the execution of the lease, he will be held to have waived any claim that he has been evicted by reason of the conditions.</p>