The Rights, Remedies And Liabilities of Landlord And Tenant : Including the Law And Practice of Summary Proceedings, Under the Statute Peculiar to That Relation
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241), and if the lease be of an opera house, to be finished by a certain time, the damages may include the tenant's expense of advertising the per- formance, but not the loss of anticipated profits (Acad- emy of Music V. Hackett, 2 Hilt. 217) ; and in an action by a lessee for damages for refusing to give possession of the premises, it is no defense that the defendant hired the premises, intending to keep a bawdy house therein, and the mere avowal by the lessee of an intent to employ the leased... premises in an unlawful business does not constitute an offense, nor does it entitle the lessor to repudiate his contract (O'Brien v. Brieten- back, 1 Hilt. 304 ; but see the cases cited at page 36, ante). Damages to eyicted tenant. A tenant in possession, evicted before the expiration of his lease, may recover the diflference between the value of' his lease for the un- expired term, and the stipulated rent. If evicted at a season when the expense of removing is greater than it would have been at the end of the term, he may recover such extra expense, but he can not re- cover any increased rent he may be compelled to pay for other premises, without reference to the equality of their accommodation (Chatterton «.
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