This matter was tried before me without a jury. This is a summary proceeding for the non-payment of rent. It is uncontradicted that on March 21, 1973 the respondent moved from the subject premises. It is also clear from the testimony in evidence in the case that the tenant had no right, at that time, to unilaterally terminate the lease. An issue of fact has been raised, however, as to whether under the circumstances arising subsequent...
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