Hochman v. Kuebler

Citations

• 53 Pa. Super. 481
• 1913 Pa. Super. LEXIS 206

Syllabus

<p>Landlord, and, tenant — Abandonment by tenant — Bights of landlord— Presumption of possession — Repairs—Re-letting.</p> <p>1. Where a tenant, during the term, abandons the demised premises, the landlord is not bound, under the penalty of loss of his right to receive rent, to permit the tenement to remain wholly unoccupied with the consequent possible or probable loss of his insurance, destruction by waste, or other like injuries. The mere fact that he resumes possession is not of itself a sufficient foundation upon which to predicate either an acceptance of a surrender or an eviction. It must further be found on evidence that such resumption of possession is not merely for the protection of the property during the absence of the tenant, but is adverse to a reoccupation of it by him and a renewal of the relations created by the lease. So too, if during the period of abandonment the landlord should make some repairs of the demised premises, or even sublet to another, these acts would be in the interest of the tenant who had committed a breach of the covenants of his lease, and would tend to minimize the damages which he would otherwise be liable to pay.</p> <p>2. In an action by a vendee of a landlord against a tenant and his sureties for rent, it appeared that the plaintiff found the premises vacated by the tenant. The evidence showed that he went and secured the key from the person with whom it had, been left, and that ho went to the tenant to secure either the lease or a copy of it. He entered into negotiations with a new tenant for the premises, on certain conditions as to securing a license which were not afterwards fulfilled; and he made some improvements or repairs to the property of a more or less expensive character. Held, that it was reversible error for the trial judge to charge the jury so as to make no distinction between possession of the vacated premises taken by the landlord merely to protect the property, or to minimize the damages that would follo