Smith v. Snyder

Citations

• 168 Pa. 541
• 32 A. 64
• 1895 Pa. LEXIS 836

Syllabus

<p>Landlord and Tenant — •Notice—Termination of lease — Holding over— Waiver.</p> <p>A lease from year to year required that notice of an intention to terminate the lease should be in writing. Three months before the end of the year the lessee gave verbal notice to the lessor’s agent of his intention to vacate the premises at the end of the year. The agent did not insist ou the written notice or ask for one. Before the end of the year the lessee told the agent that he would be willing to remain on the premises as tenant from month to month. The agent told him that he would communicate with the lessor, and let him know in time. The agent had no further communication with the lessee until after the end of the year. The lessee remained in possession, and about a month after the termination of the year was informed by the lessor that he would not be accepted as a tenant from month to month. Held, that while a jury would be justified in finding a waiver of the written notice, yet the agent’s conduct did not create a new tenancy, and the tenant held over as tenant from year to year.</p>