McSorley v. Allen

Citations

• 36 Pa. Super. 271
• 1908 Pa. Super. LEXIS 148

Syllabus

<p>Landlord, and tenant — Covenants—Lease—Seat and light — Eviction.</p> <p>If a landlord neglects and’refuses to furnish, heat an'd light which1 his covenants require him to furniáh, and the premises'are thereby rendered unfit for occupancy, the law will not require'the tenant .to first pay the rent, and then sue for damages .suffered by the landlord’s breach of his covenants. , • , ,</p> <p>Physical expulsion is not now considered necessary to constitute’ an. eviction. Any act of a landlord which deprives his tenant of'' that beneficial enjoyment of the premises to which he is entitled under' a lease, will amount in law to an eviction and suspend the rent. ■' .</p> <p>Landlord and tenant — Covenant—Removal of garbage — Inducement— Parol evidence — Evidence.</p> <p>A tenant may set up against his landlord a parol agreement of the latter in reference to the removal of'garbage, if ¡he'shows that the parol agreement was made at the time of the execution of. the lease, that it was one of the moving considerations for its execution, and that with-r out it the lease would not have been executed.</p>