Landlord and Tenant — Estate by entireties — Lease by one spouse for benefit of both — Evidence — The Landlord and Tenant Act.
In this action under The Landlord and Tenant Act of April 6, 1951, P.L. 69, as amended by the Act of July 25, 1953, P.L. 578, in which it appeared that plaintiff and his wife owned certain premises as tenants by the entireties; that plaintiff separated from his wife; that at the time taxes on the premises were due, and in order to make certain that the taxes were paid and to provide for any contingencies, such as possible repairs to the property, plaintiff's wife leased the premises to defendants for a period of one year; that plaintiff then gave defendants notice to vacate the premises; and that the court below, holding, in the circumstances, that plaintiff's wife had the power to execute a valid lease to the property and that the lease was binding upon plaintiff, entered judgment for defendants; it was Held that the judgment of the court below should be affirmed.
Argued June 10, 1963.
OPINION PER CURIAM, September 12, 1963:
Judgment entered for defendants by the court below is affirmed on the opinion of Judge HONEYMAN of the Court of Common Pleas of Montgomery County, as reported in 30 Pa. D. C.2d 613.