Schomaker v. Heinz

Citations

• 77 Pa. Super. 30
• 1921 Pa. Super. LEXIS 201

Syllabus

<p>Landlord and tenant — Leases—Exclusive possession — Condition of premises at execution of lease — Beginning of term — Change hy landlord — Cancellation of lease.'</p> <p>Upon the execution of a lease there is an implied warranty that the condition of the premises described in the lease shall remain the same between the time of the execution of the instrument and the beginning of the term.</p> <p>Where a landlord rented a city property on which there was an. old dwelling, and as a condition of the lease agreed to remove the same, but in addition allowed a third party to dump earth on the premises without the consent of the lessee, and thereby changed the character of the leasehold, he cannot recover in an action for the rent. If a material change has taken place in the character of the premises the tenant is not bound to take possession, as the premises tendered, are not those described in the lease.</p>