Worrell v. Rosenberry

Citations

• 74 Pa. Super. 152
• 1920 Pa. Super. LEXIS 113

Syllabus

<p>Landlord and tenant — Leases—Renewals—Change in terms— Notice.</p> <p>1. Where a lease provided that if the lessor should give one month’s notice previous to the expiration of the term or any extension or renewal thereof, of an intention to change the terms and conditions of a lease, and the lessee should hold over after Such notice, he should he considered lessee under the terms and conditions mentioned in such notice, the lessor may give such notice at any time at leaat a month prior to the expiration of the original term and any renewal thereof, and if the lessee holds over he is bound by the terms of the notice.</p> <p>2. The privilege to change the terms of the lease is not confined to the original term. The conditions may be changed only once during the original term or only once during any single extension or renewal thereof, but if the tenant holds over after notice of such change, the lease is renewed subject to such changes, with all the privileges reserved to the parties in the written lease, including the provisions relative to notice of change of terms and conditions. No hardship is done the lessee by this construction, for if not satisfied with the change of terms he is not bound to remain. His holding over is equivalent to the acceptance of the new terms and conditions.</p> <p>Swigert v. Hartzell, 20 Pa. Superior Ct. 56, distinguished.</p>