Reeves v. McComeskey

Citations

• 168 Pa. 571
• 32 A. 96
• 1895 Pa. LEXIS 839

Syllabus

<p>Landlord and tenant-Rent — Repairs.</p> <p>No implied covenant that the landlord warrants the leased premises to be tenantable, or that he undertakes to keep them so, arises out of the relation of landlord and tenant, and in the absence of a provision in a lease that the lessor shall repair, it is no defense to an action for the rent that the demised premises are not in a tenantable condition.</p> <p>A tenant occupied premises for nine years and seven months under a lease which bound him to keep them in good repair, and which he was at liberty to terminate at the end of any current year upon thirty days’ notice. He paid the rent for the first seven months of the tenth year, and then abandoned the premises, alleging that they were not in habitable condition. Held, that he was liable for the rent for the remainder of the year.</p> <p>In an action for rent an offer by the tenant to prove “ that he was told previously to his removal that they would take the property, and that he might leave it,” is incompetent for vagueness inasmuch as the offer does not state by whom the tenant was told that the property would be taken.</p> <p>The leaving of the key with the lessor’s agent where the evidence shows there was no acceptance of the surrender of the lease, and the putting of a bill “ for rent” or “for sale” on premises vacated by a tenant before the expiration of his term, does not deprive the landlord of his right to collect the rent until the expiration of the term.</p>