The Plaintiff can appeal on the ground of improper distress, this is because the landlord had held
the property of the tenant. The tenant can also apply this so as to ensure that the landlord is liable
for trespass. This is because the landlord used to trespass into the house of the tenant without the
permission of the tenant. The law provides that the landlord cannot hold personal property of the
tenant on the basis of failure to pay rent. This means that the landlord had violated the law by
holding the personal property of the tenant, this is a strong ground of appeal looking at the law
that governs leases in Pennsylvania
The tenant was supposed to enjoy quiet possession of the property, this was not possible as the
landlord kept on bothering him and making it difficult for him to enjoy the property. The acts of
the landlord peeping and abusing the tenant together with his wife. This was a limitation to the
quite possession of the leased property. This therefore gives the tenant the ability to terminate the
contract based on this doctrine.
The tenant was frustrated by the landlord act and thus rendered the contract for impossibility of
performance. The landlord had required the tenant to review the contract since he was using his
house as his office. This is was a violation of the right of the client and thus the landlord was
undermining the right of the tenant.
The landlord was also a nuisance to the tenant because he had always kept the affairs of the
tenant his business. Despite the tenant showing concerns through the emails that he had written
to the landlord. The landlord kept bothering him and did not hide to is concerns. This therefore
affected the tenant and he could not tolerate the acts of the landlord.
THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012)