6 S.E.2d 128 | Ga. Ct. App. | 1939
Where a tenant before the expiration of his term notifies the landlord of his intention to abandon the premises, and the landlord upon request refuses to release the tenant from the contract, and the tenant abandons the premises, the conduct of the landlord in afterwards reletting the premises to another tenant does not amount to an eviction, and does not constitute an acceptance by the landlord of a surrender of the term by the tenant.
The effect of the transaction was the execution of a lease for a period of seven years. The tenant abandoned the premises at the expiration of four years, and therefore before the expiration of the term. The landlord did not accept a surrender of the term, but refused to do so. He had the right to hold the tenant to the lease. Hulsey v. Harrington,
The court erred in sustaining the demurrer and dismissing the plaintiff's petition as amended.
Judgment reversed. Sutton and Felton, JJ., concur.