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ANTHONY J. CUSAMANO v. ANTHONY M. DILUCIA (09/26/80)

filed: September 26, 1980.

ANTHONY J. CUSAMANO, APPELLANT,
v.
ANTHONY M. DILUCIA, INC.



No. 2794 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County, Pennsylvania, at No. 74-14867.

COUNSEL

Ronald I. Rosenstein, Norristown, for appellant.

Frederick M. Wentz, Norristown, for appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Sugerman

[ 281 Pa. Super. Page 10]

Appellant ("Landlord") entered into a lease agreement with Appellee ("Tenant"), leasing to the Tenant a suite of offices in Norristown, Pennsylvania, for a term of two years, commencing June 1, 1972, and expiring May 31, 1974, at the annual rental of $3,600, payable in monthly installments of $300.

The lease, prepared by the Landlord, was a printed form lease. At the request of the Tenant, the Landlord inserted by typewriter an option clause in a blank space beneath paragraph 4 of the form, containing the following language:

[ 281 Pa. Super. Page 11]

"It is further understood and agreed that the Lessee will have an option to continue renting for an additional one year at Three Hundred ($300.00) per month with a 60 day notice to terminate by either party.

Upon expiration of above clause, Lessor will continue said Lease on a month to month basis at the monthly rental of Three Hundred Fifty ($350.00) Dollars per month until terminated by either party."

The lease contained no indication of the means by which the Tenant might exercise the option to renew.

Paragraph 24 of the printed form provided in part:

"It is hereby mutually agreed that either party hereto may determine this lease at the end of said term by giving to the other party written notice thereof at least 60 days prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration of the term hereof as are herein contained for a further period of ___ and so on from month to month unless or until terminated by either party hereto, giving the other 60 days written notice for removal previous to expiration of the then current term. . ."

The Tenant went into possession under the lease and remained upon the premises until September 23, 1974, nearly four months beyond the expiration of the original term.

By letter dated August 21, 1974, the Tenant caused the following notice to be delivered to the Landlord:

"In accordance with the terms of the lease, this is to hereby notify you that we will be terminating on September 23, 1974. This is in accordance and fulfills the month to month basis for notification as stipulated in the lease."

The Tenant continued to pay and the Landlord accepted monthly rental in the sum of $300 for the months of June, July, ...


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