Swigert v. Hartzell

Citations

• 20 Pa. Super. 56
• 1902 Pa. Super. LEXIS 182

Syllabus

<p>Landlord and, tenant — Construction of lease — Surrounding circumstances —Evidence.</p> <p>Where the language of a lease is not absolutely clear as to the term granted, the circumstances attending its execution and the acts of the parties subsequent thereto, may be scrutinized in ascertaining the intention of the parties.</p> <p>Landlord and tenant — Lease-Right of renewal.</p> <p>Although a covenant for renewal in a lease provides that the new lease shall be subject to the same covenants as the old lease, such a stipulation does not entitle the lessee to have the covenants for renewal inserted in the new lease.</p> <p>Where a tenant holds under a lease giving him possession for a definite term of one year, at the expiration of which he is required to surrender, with the additional “ privilege of rerenting and remaining on said premises at same rental and conditions for any number of years that” he might desire, he exhausts his privilege of rerenting, when he notifies the landlord before the expiration of the first year that he intends to remain in possession of the premises during the year beginning on the date of the expiration of the first year “ at same rental and conditions contained in the original lease.” He cannot during the second year claim the right to continue in possession by notifying the landlord of his intention to re-rent the premises for a third year.</p>