Spaulding v. Justice

Citations

• 68 Pa. Super. 133
• 1917 Pa. Super. LEXIS 86

Syllabus

<p>Landlord and tenant — Repairs—Representations as to condition of building.</p> <p>Where a lease provides that the property is rented “in its present condition,” and stipulates that the tenant shall keep the premises in repair during the term, and the tenant lives in the property for over a year, pays the rent, and leaves the premises four or five months short of his term, he is estopped from setting up as a defense in an action for rent, alleged false representations by the lessor as to the sanitary condition of the premises. In such a case if the tenant wished to disaffirm his contract, it was his duty to do so immediately and surrender the premises. The mere complaining to the landlord is insufficient. By paying the rent the tenant was estopped from asserting the misrepresentations made to him.</p> <p>Where a tenant seeks to evade the payment of rent because of' misrepresentations made to him by the landlord before the lease was executed, he must show by clear, precise and indubitable proof that such representations were made, that they were untrue as to existing facts, .and that the landlord had knowledge of their falsity when he made them.</p>