Pershing v. Feinberg

Citations

• 203 Pa. 144
• 52 A. 22

Syllabus

<p>Landlord and tenant — Lease—Forfeiture—Payment of rent — Chech:</p> <p>A landlord cannot forfeit a lease merely because payment of rent is tendered by check where it appears that checks had been tendered'on two prior occasions for monthly instalments, and had been r'efused, not because the tender was illegal, but for other reasons then stated. If money is demanded, the tenant is entitled to notice.</p> <p>Where a tenant deducts from an instalment of rent certain expenses which he claims to have been incurred in litigation between himself and his landlord, and sends the balance, which is returned to him, and the landlord enters judgment on an ejectment clause in the lease for nonpayment of rent, the court cannot relieve against the forfeiture enforced by the landlord, since the tenant’s attempt to collect his claim by deducting it from the rent is unwarranted.</p>