20 Pa. Super. 56 | Pa. Super. Ct. | 1902
Opinion by
The case at bar involves the construction to be placed upon a written lease. The questions presented are, Does the lease give to the lessee, at his option, a right to possession from year to year for an indefinite time ? Or, by reason of the notice given of intention to occupy for one year after the expiration of the term, did the lessee exercise his privilege and limit his right to possession? The language of the lease is not absolutely clear. Therefore, the circumstances attending its execution, and the acts of the parties subsequent thereto, may be scrutinized in ascertaining the intention of the parties: Berridge v. Glassey, 112 Pa. 442.
The action is brought by the owner of the land to oust the tenant. The lease is for two rooms in a building of some size. The defendant first went into possession under a lease dated December 28, 1894, with one, Titler, the then owner of the property. This lease provides for the term of one year from April 1, 1895, at a rental of $125 payable quarterly. Then follows this provision: “With privilege of rerenting and remaining on said premises at same rental and conditions for any number of years that second party may desire. ” The lease
The defendant, being still in possession under the second lease was, on December 24, 1898, notified by the plaintiffs to deliver up the possession of the rooms on April 1, 1899. On December 31, 1898, the defendant sent this notice to the plaintiffs : “ I hereby notify you that in accordance with my lease from W. It. Titler, that I intend to remain in possession of the premises on the east side of High street, Newville Borough, Pa. during the year beginning April 1st, 1899, at same rental and conditions contained in the original lease. ” No further action was taken by either party, and the defendant remaining in possession, the plaintiffs notified him, on December 21,1899, to vacate on April 1,1900. On December 30,1899, the defendant notified the plaintiffs of his intention to remain in possession until April 1, 1901, using the same language as that contained in the notice of the year preceding. The plaintiffs replied that they required compliance with their notice to quit.
From this rehearsal it will be seen that the tenant claims to hold under a lease giving him possession for a definite term of one year, at the expiration of which he is required to surrender. It gave to him, additionally, the “ privilege of rerenting and remaining on said premises at same rental and conditions for any number of years that ” he might desire. This language differs from that in the lease shown in Effinger v. Lewis, 32 Pa. 367 ; s. c., 30 Pa. 281, where the provision was simply for a continuation of possession at will. Here, the language permitted the lessee to rerent. It required some act on his part ex
But it is said that by the notice given in attempted exercise
The judgment of the court below is reversed and a venire facias de novo is awarded.