Effel v. Rosberg

Robert Rosberg (the plaintiff-appellee) settled a different suit with Lena Effel’s (the defendant-appellant) nephews. As part of the settlement, the plaintiff-appellee purchased the property in which the defendant-appellant had been living for 40 years with a term of the settlement being that the defendant-appellant could continue living in the property until the end of her natural life or until she voluntarily vacated the premises. The settlement agreement stated that a lease agreement incorporating the terms of the settlement agreement would be written up and signed before the closing date. The property was deeded to the plaintiff-appellee without mention of the defendant-appellant’s life estate; however, the Effels’ attorney drew up a lease, where the term was listed as being for the duration of the defendant-appellant’s life or until she voluntarily vacated. The lease also included various covenants, including those relating to maintenance, and gave the plaintiff-appellee the power to terminate the lease if the defendant-appellant broke any of the covenants. Three years later, the plaintiff-appellee sent a letter to the defendant-appellant terminating her lease because she had violated two covenants by erecting a wrought iron fence and demanded her to vacate the premises in 10 days. The defendant-appellant did not leave the property.