Rich v. Keyser
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia. This was a proceeding under the Act of December 4th 1863, commenced, June 7th 1866, by Sylvester Keyser against J. T. Rich, before William S. Toland, an alderman of Philadelphia, to recover possession of certain premises which had been leased by the plaintiff to the defendant.
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Error to the Court of Common Pleas of Philadelphia. This was a proceeding under the Act of December 4th 1863, commenced, June 7th 1866, by Sylvester Keyser against J. T. Rich, before William S. Toland, an alderman of Philadelphia, to recover possession of certain premises which had been leased by the plaintiff to the defendant. The alderman found, amongst other things, that the plaintiff, on the 6th of March 1865, leased the premises in question for the term of twelve months to the defendant, who entered into possession, and that the plaintiff, on the 8th of March 1866, gave him notice to…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
A lease for years is a lease for a period that is definite and prefixed, and if the tenant have bound himself to quit and surrender up the possession of the demised premises at that definite and fixed period, the landlord may, without notice to him, set him out of possession, if it can be done without breach of the peace, or he may bring ejectment if the tenant will not go out, and he may sue him upon his covenant for damages. These were the common-law remedies of the landlord ; but being found dilatory and inconvenient, the…
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