Gibson v. Earling

Citations

• 48 Pa. Super. 566
• 1912 Pa. Super. LEXIS 412

Syllabus

<p>Landlord and tenant — Eviction—Defense to payment of rent.</p> <p>1. In an action by a landlord against a tenant to recover for rent, the tenant cannot set up as a defense an alleged eviction by the act of the landlord in depriving him of a particular use of an elevator, where it appears that the tenant after the alleged eviction had permitted his lease to be renewed and paid the monthly rental for over a year down to the time he himself left the premises.</p> <p>2. In an action by a landlord against a tenant for rent under a lease from year to year, the tenant set up as a defense an alleged eviction, and offered in evidence a letter from the landlord complaining of the installation by the tenant of some heavy machinery. In answer to this letter the tenant, shortly after the beginning of a new annual term, wrote to the landlord that he would do all in his power to vacate the premises by the end of the current month. To this the landlord promptly replied that he would continue to hold him responsible for the rent, but warned him that if he continued to operate the heavy machinery he would report him to the building inspectors. Held, that the letters of the landlord could not in any sense be construed as an eviction.</p>