Stiles v. Himmelwright

Citations

• 16 Pa. Super. 649
• 1901 Pa. Super. LEXIS 122

Syllabus

<p>Landlord and tenant — Lease—Covenants—Notice— Term — Holding over.</p> <p>A lease creating a definite term of one year from April 1, 1894 to April 1, 1896, contained the following covenant : “ The said lessees shall give three months’ notice previous to the expiration of said term of their intention to remove. . . . In default of notice as aforesaid this agreement shall be considered as renewed for the succeeding term of one year.” The lessees' occupied the premises until April 1, 1809, and on that day moved out without having given any previous notice to the lessor. Held, that the covenant applied only to the original term, and that the lessees were not required to give three months’ notice of their intention to quit on April 1, 1899.</p> <p>Landlord and tenant — Judgment—Separate suits.</p> <p>A judgment by a landlord against his tenant showing a recovery for one month, is not a bar to a suit upon the lease for the rent accruing during-the following months. A landlord may bring a separate suit for each instalment of rent as it accrues.</p>