Smucker v. Grinberg

Citations

• 27 Pa. Super. 531
• 1905 Pa. Super. LEXIS 97

Syllabus

<p>Landlord and tenant — Notice—Termination of lease.</p> <p>Where a lease provides that a tenancy shall continue from year to year “until either party shall give four months'previous notice of the intention to determine such term,” a letter offering to renew the lease at an increased rent, but not coupled with a notice, expressed or implied, that if the offer was not accepted the lease would be terminated, is an insufficient notice under the terms of the lease.</p> <p>Landlord and tenant — Surrender—Eviction.</p> <p>A surrender of demised premises, in order to be effectual to release a tenant from payment of rent, must be accepted by the lessor, and the burden of proof is on the lessee. A tenant for years cannot relieve himself from liability by vacating the demised premises during the term and sending the key to his landlord. The landlord is not bound, in relief of his tenant who had abandoned the premises, to rent them to anyone who may apply, but may rent them and hold the tenant for the difference unless he has accepted a surrender. Nor is his entry to make repairs after the tenant has abandoned the premises either an acceptance of a surrender or an eviction.</p> <p>A sale by the landlord of demised premises and delivery of possession to the purchaser does not constitute an eviction which relieves the tenant from liability for rent which had accrued and was overdue at that time.</p> <p>A landlord in possession before the expiration of the term is not obliged to send the keys to the tenant so that the latter may make some repairs. Such refusal is not an eviction.</p> <p>Practice, C. P. — Affidavit of defense — Part admitted to be due.</p> <p>Where a statement of claim embraces two distinct items and a rule is taken for judgment for want of a sufficient affidavit of defense as to one of the items, specifying it, the court may give judgment by the simple entry, “rule absolute,” without filing an opinion designating the item for which judgment is given.</p>