Hastings v. Burchfield

Citations

• 28 Pa. Super. 309
• 1905 Pa. Super. LEXIS 189

Syllabus

<p>Landlord and tenant — Covenant for quiet enjoyment — Lease.</p> <p>The implied covenant in a lease for quiet and peaceable enjoyment, extends only to the lessor himself, or those claiming title paramount. If the lessee desires to protect himself against evictions or other disturbances by all persons having lawful title he should obtain from his lessor an unqualified covenant for quiet enjoyment, without any interruption or disturbance by the lessor, or by any other person or persons whomsoever.</p> <p>An oral covenant for quiet enjoyment against strangers must be established by evidence that is clear, precise and indubitable, and it must be shown that it was left out of the lease by fraud, accident or mistake, or that the lessee was induced to sign the lease by reliance upon it.</p> <p>Landlord and tenant — Surrender of hey — Vacation of premises.</p> <p>A tenant for years cannot relieve himself from his liability under his covenant to pay rent by vacating the demised premises during the term, and sending the key to his landlord.</p>