Lane v. Nelson

Citations

• 167 Pa. 602
• 31 A. 864
• 1895 Pa. LEXIS 954

Syllabus

<p>Landlord and tenant — Lease—Rent—Termination of lease.</p> <p>A surrender of demised premises by the tenant during the term, in order ) be effectual so as to release him from liability for rent, must be accepted by the lessor, and the burden of proof is on the lessee. An acceptance cannot be implied from the fact that the landlord placed the premises in the hands of an agent to rent, and caused a rent notice to be put upon them, and notified the tenant that he would endeavor to re-rent the premises, and the tenant, if he desired, could aid in procuring a proper tenant.</p> <p>Lease — Construction of lease — Termination of tenancy.</p> <p>A lease which was partly in writing and partly in print contained a written clause that the tenant should pay rent monthly in advance “so long as he shall occupy the said house and lot of ground.” The lease was for the term of one year from a certain day mentioned. The words “one year ” were written. A printed clause provided that either party might determine the lease by giving the other notice thereof, “ at least three months prior thereto.” Held, (1) that the lease was for the term of one year, and that the lessee had no option to terminate it sooner by simply removing from the premises; (2) that the parties had in view a possible continuance of the lease beyond the term specified in the habendum, and intended to provide that the lessee should pay the same rent, in the same way, so long as he should continue to be the tenant of the premises.</p>