2 Pa. 144 | Pa. | 1845
— The charge of the court below was, that as the lease to the defendant was originally for a definite period, until the expiration of the term of J. S. Lewis & Co., say 1st December, 1842, the plaintiff could only recover for one quarter. The fact that the lease to the defendant was only for a definite period, does not determine whether he might not become tenant for the ensuing year, under the circumstances that occurred. The decisions are, that where the lease is for a definite period, and the tenant holds over, the landlord may treat him as a tenant by sufferance, and turn him out without three months’ notice, previous to the end of the period. But it is a different question, whether, in case the tenant holds over, in such case, the landlord has not the option to treat him as tenant for another year, under the same terms as the former lease, so far as applicable. There seems to be both reason and authority to show that he may. The tenant knows the time when his lease will determine; it is his duty to move out by that time, and surrender the premises to the landlord: and if he does not, it seems reasonable to consider his conduct as evidence of his assent to continue tenant for another year, which is the time the law ordinarily implies. If he do not remove, the landlord may be materially injured. He is prevented from providing another tenant, and is left at the mercy of one who stays or goes as it suits him. It is but just, therefore, if the landlord should be at liberty to take him at his offer, and consider his remaining as an assent on his part to continue, and that such an agreement is implied by the law in that case. The nature of so important a relation ought not to be left to the caprice of one party, to retain the possession of another man’s estate, or leave it, without his consent. In Dillon v. Roberts, 13 Serg. & Rawle, 63, Tilghman, C. J., says, it was contended for the
Judgment reversed, and venire facias de novo awarded.