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· 2/26/1909

Mitcheson v. Barth

Citations

  • 38 Pa. Super. 468
  • 1909 Pa. Super. LEXIS 163

Syllabus

<p>Landlord, and tenant — Notice to quit — Holding over — New lease.</p> <p>Where a lease contains a clause for thirty days notice of removal, provided, however, that if the lessor gives thirty days notice previous to the expiration of the term, of his intention to change the terms and conditions of the lease and the lessor shall hold over after such notice, “ho shall be considered lessee under the terms and conditions mentioned in such notice, for such further period as he may remain in possession of said premises, and until this lease is terminated by notice as herein-before provided,” and the landlord gives the tenant the thirty days' notice of a change in the rent and the term of the lease, the tenant cannot remain in possession and defend an action for the increased rent on the ground that the notice is void.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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