Genzelman v. Ostrovsky

WlNNET, J.,

Defendants’ subtenant has refused to vacate the premises. And defendants are unable because of the restrictions against evictions (both Federal and municipal) to oust him. Are defendants, nevertheless, liable to plaintiffs for rent for holding over beyond the term of the lease? This is the unusual problem presented by this suit.

Plaintiffs were owners of 939 North Fortieth Street, Philadelphia, which contained a store and apartments. Defendants entered into a lease for a term of one year at a rental of $110 per month, with the privilege of renting the apartments. About three nionths…