Jackson v. Stewart

Citations

• 31 Pa. Super. 58
• 1906 Pa. Super. LEXIS 153

Syllabus

<p>Landlord and tenant — Habitable condition of premises — Dampness—Covenant for repairs — Termination of lease — Delivery of key.</p> <p>A tenant who has covenanted to make repairs cannot avoid the obligation of his lease by reason of the uninhabitable condition of the house by reason of dampness, where it appears that he inspected the house and its location before leasing it, and that the dampness was due either to the flow of water into the house during a heavy rain, or to the fact that a retaining wall became dilapidated during the tenancy.</p> <p>The delivery of the key of demised premises to the landlord’s agent, will not terminate the tenancy, where there is no proof that the landlord accepted the key.</p>