Smith v. Chappell

Citations

• 25 Pa. Super. 81
• 1904 Pa. Super. LEXIS 19

Syllabus

<p>Landlord and tenant — -Waste—Estrepement—Act of March 29, 1822, 7 Sm. L. 520.</p> <p>A writ of estrepement, like a writ of injunction, may be issued by a court of common pleas or any judge thereof, and may be dissolved or continued as the case may seem to require, and the exercise of judicial discretion involved is subject to review by the appellate court.</p> <p>A tenant is bound not only to commit no waste but to make fair and tenantable repairs, necessary to prevent waste and decay of the premises; and there is an implied duty to use the premises in an ordinary and proper manner; but while a tenant is not bound to make substantial and lasting repairs he must treat the demised premises in such a manner that no injury will be done to the inheritance.</p> <p>On a motion to dissolve a writ of estrepement, it appeared that the lease was silent on the question of alterations to the demised premises, but it was express in holding the tenant to “ keep the premises in good repair at all times during the term.” The evidence showed an intention of the tenant to make changes which would result in the impairment and weakening of a foundation cellar wall, necessary as a main support of the building and the Temoval of permanent partitions which would lessen the support of the ceiling above, and alter the room in size and form. Held, that there was no error in refusing to dissolve the writ.</p>