Loscolzo v. Eggner

Citations

• 23 Del. 260
• 7 Penne. 260
• 78 A. 607
• 1908 Del. LEXIS 16

Syllabus

<p>Landlord and Tenant—Repairs—Payment—Contract—Executor— ■ Occupancy of Premises—Statute—Payment of Debts of Deceased—Set-off—Statute of Limitations.</p> <p>1. When a person rents a property he takes it as it is, and unless the landlord has agreed to make repairs, or agrees that the repairs shall be made, or, having been made, promises to pay for them, the landlord is not bound to pay for them. If the landlord authorized the tenant to make the repairs, or if he directed him to have them made, the law would imply a promise to pay for them.</p> <p>2. The tenant cannot dispute his landlord’s title.</p> <p>3. If the plaintiff, who lived in the premises during his father’s lifetime, and who became the executor of his father, and continued to live there after his father’s death, charged himself a fair amount for the use and occupation of the premises, and applied that amount to the payment of the debts of his father, he would not be liable to the devisee for the use and occupation of the premises. And, if the charge for use and occupation of the premises was more than three years before the action was brought, it is barred by the statute of limitations, and cannot be allowed as a set-off,</p> <p>4. But if the plaintiff occupied the premises as the tenant of the defendant, and the charge therefor has not been paid, and is not barred by the statute of limitations, it may be set-off against any amount found to be due to the plaintiff.</p>