Whelen v. Laird

Citations

• 56 Pa. Super. 489
• 1914 Pa. Super. LEXIS 109

Syllabus

<p>Landlord and tenant — Rescission of lease — Parol agreement.</p> <p>1. An estate in lands for a term not exceeding three years created by a written lease may be released by a parol agreement to rescind the lease, and an agreement of this character is valid which provides for an expiration of the tenancy at a future time, within the term, the physical possession of the property to be surrendered at the time agreed upon.</p> <p>2. Where a tenant under a two years’ written lease desires to vacate at a time prior to the expiration of the term, and procures a new tenant at an increased rent for the balance of the term, and the landlord orally agrees through his agent to accept the new tenant in place of the old, and to release the old tenant, and assures the old tenant that it is safe for him to rent another house, and the tenant on the strength thereof rents another house and vacates the premises at the time agreed, the landlord cannot refuse to accept the surrender of the premises at such time, and hold the old tenant liable for rent subsequently accruing.</p>