Lewis v. Scanlan

Citations

• 19 Del. 238
• 3 Penne. 238
• 50 A. 58
• 1901 Del. LEXIS 20

Syllabus

<p>Attachment for Bent—Landlord and lenant—Statute—Notice— f Waiver of Notice—Acceptance of the Premises.</p> <p>1. If neither the landlord nor tenant give the written notice required by the statute, the lease will be extended and the tenant will be liable for the rent for another i year, unless the landlord has waived such notice, and accepted the surrender of the premises.</p> <p>2. The acceptance of another person by the landlord as tenant, and the receipt of rent from such person as such tenant, would amount to such waiver and ac- y ceptance. j</p> <p>3. A verbal request for, and acceptance of, such written notice at a shorter / time than three months, accompanied by an actual acceptance of the premises by the 1 landlord, would operate as a waiver. But an oral request on the part of the landlord j that such written notice, at a shorter time, should be given by the tenant, and the giving of such notice, would not alone operate as a waiver of the statutory notice.. /</p> <p>4. A landlord may accept the key of the house, and take possession of the property for the preservation thereof; he may even attempt to rent it, on account of , the tenant. But such acts will not amount to a waiver of notice and acceptance of the ) premises. To relieve the tenant there must be some such action on the part of the landlord as clearly to indicate that he considered and treated the estate of the tenant at an end.</p>