86 Pa. Super. 288 | Pa. Super. Ct. | 1925
Argued April 23, 1925. This is an action of assumpsit by a landlord against his tenant to recover rent due on the demised premises. There was a verdict and judgment for plaintiff and defendant has appealed.
Plaintiff was the lessee of the second floor of a store building in the City of Butler, Pa. As such tenant he partitioned it into offices and rooms and installed certain *291 water and electric fixtures. He occupied the two front rooms as offices and sublet the other portion for housekeeping apartments. His lease expired June 30, 1924. On March 26, 1924, he entered into a written agreement with defendant to sublet the premises to him for the months of May and June, 1924, at a rental of $35 a month. The rent for May was paid at the date of the execution of the lease. Defendant is an attorney-at-law. He moved his office equipment into plaintiff's front office early in April and was occupying it with plaintiff when the latter moved out on the first of May. When plaintiff moved he took out the kitchen sink in the housekeeping apartments, the lavatory in the front office, and all of the electric light bulbs, and removed the window blinds. The tenant in the housekeeping apartments moved at the same time. Defendant refused to pay the rent for the month of June and this suit was brought to recover it.
The learned court below held that the agreement of lease between plaintiff and defendant merely turned over to defendant two months of plaintiff's term under his lease, and that the lease under which this suit was brought did not require plaintiff to leave for defendant's use the water fixtures, electric light fixtures or window blinds for defendant, and that defendant presented no valid defense to plaintiff's claim. We find ourselves unable to agree with this view of the law. Plaintiff exhibited the premises to defendant for inspection before the lease was executed. While it is true that there is no implied warranty in the letting of premises that they are fit for the purpose for which they are let, there is an implied covenant for the quiet enjoyment of the demised premises. "It is settled in this State that any wrongful act of the landlord which results in an interference with the tenant's possession, in whole or in part, is an eviction for which the landlord is liable in damages to the tenant": Kelly v. Miller,
The judgment is reversed and a new trial is awarded. *293