Was it merely coincidence that her lease would be up next Friday and the landlord was raising the rent?
The law of landlord and tenant in the United States is in its principles similar to those of English law.
Rights which the landlord desires to retain over the lands let are excepted or reserved.
- Reference may be made, in conclusion, to a few modern statutes which have affected the law of landlord and tenant.
Compensation was given to market gardeners for unexhausted improvements by the Market Gardeners' Compensation Act 1895 and by the Agricultural Holdings Act 1906 for improvements effected before the commencement of that act on a holding cultivated to the knowledge of the landlord as a market garden, if the landlord had not dissented in writing to the improvements.
A lease may be transmitted (i.) by " assignation," intimated to the landlord, and followed by possession on the part of the assignee; (ii.) by sub-lease - the effect of which is equivalent to that of under-lease in English law; (iii.) by succession, as of the heir of a tenant; (iv.) in the case of agricultural holdings, by bequest (Agricultural Holdings [Scotland] Act 1883, s.
The relationship of landlord and tenant is created, altered and dissolved in the same way, and the rights and duties of parties are substantially identical.
Bennigsen was a landlord in the Vilna province who appeared to be doing the honors of the district, but was in reality a good general, useful as an adviser and ready at hand to replace Barclay.
Evelyn, her best friend and landlord, shifted beside her before waving a manicured hand at the clear night above them and asking, "Ever wonder what's out there?"
What was the purport of it but to make the tenant as liberal a fortune as the landlord, which I think if obtained would not have lasted long."
They consist of long leases, under which the landlord shares the costs of improvements and builds farm-houses; also leases of orange and lemon gardens, two-thirds of the prot~uce of which go to the landlord, while the farmer contributes half the cost of farming besides the labor.
Improvement contracts are granted for uncultivated bush districts, where one fourth of the produce goes to the landlord, and for plantations of fig-trees, olive-trees and vines, half of the produce of which belongs to the landlord, who at the end of ten years reimburses the tenant for a part of the improvements effected.
In pure leasehold the landlord demands at least six months rent as guarantee, and the forfeiture of any fortuitous advantages.
Inquilinaggio is a form of lease by which the landlord, and sometimes the tenant, makes over to tenant or subtenant the sowing of corn.
Under mezzadria or metateria the landlord divides the produce with the farmer in various proportions.
The landlord lets his land to two or more persons jointly, who undertake to restore it to him in good condition with one-third of it interrozzito, that is, fallow, so as to be cultivated the following year according to triennial rotation.
In the Baltic provinces they constitute the ennobled landlord class, and are the tradesmen and artisans in the towns.
The crown paid the landlord in obligations representing the capitalized rent, and the peasants had to pay the crown, for forty-nine years, 6% interest on this capital.
The effect of this, craftily calculated beforehand, was to compel the peasants to rent pasture lands from the landlord at any price.
This change was, of course, popular among the lower and middle ranks of the landlord class, but was very displeasing to the great nobles.
But this aspect of the law, under which the landlord, other than the crown, is himself always a tenant, falls beyond the scope of the present article, which is restricted to those holdings that arise from the hiring and leasing of land.
The legal relationship of landlord and tenant is constituted by a lease, or an agreement for a lease, by assignment, by attornment and by estoppel.
Thus a tenant for years, or even from year to year only, may stand in his turn as landlord to another tenant.
- To constitute the relationship of landlord and tenant in the mode under consideration, it is necessary not only that there should be parties capable of entering into the contract, but that there should be a letting, as distinct from a mere agreement to let, and that the right conveyed should be a right to the exclusive possession of the subject of the letting and not a simple licence to use it.
The landlord must not part with the whole of his interest, since, if he does so, the instrument is not a lease but an assignment.
Properly speaking, tenancy at sufferance is not a tenancy at all, inasmuch as if the landlord acquiesces in it, it becomes a tenancy at will; and it is to be regarded merely as a legal fiction which prevented the rightful owner from treating the tenant as a trespasser until he had himself made an actual entry on or had brought an action to recover the land.
The Distress for Rent Act 1737, however, enables a landlord to recover double rent from a tenant who holds over after having himself given notice to quit; while another statute in the reign of George II.
- the Landlord and Tenant Act 1730 - makes a tenant who holds over after receiving a notice from his landlord liable to the extent of double the value of the premises.
A covenant by the lessor, limited to his own acts and those of persons claiming under or through him, for the "quiet enjoyment" by the lessee of the demised premises, and covenants by the lessee to pay rent, to pay taxes, except such as fall upon the landlord, to keep the premises in repair, and to allow the landlord to enter and view the condition of the premises may be taken as typical instances of " usual " covenants.
The decisions on the point are numerous and difficult to reconcile, but the main test is whether, on the true construction of the particular covenant, the lessee has undertaken to indemnify the landlord against payments of all kinds.
(i.) The landlord generally covenants - and, in the absence of such a proviso, a covenant will be implied from the fact of letting - that the tenant shall have quiet enjoyment of the premises for the time agreed upon.
Under the law of Scotland down to 1880, a landlord had as security for rent due on an agricultural lease a " hypothec " - i.e.
It was abolished in 1880 as regards all leases entered into after the 11th of November 1881, where the land demised exceeded two acres in extent, and the landlord was left to remedies akin to ejectment (Hypothec Abolition, Scotland, Act 1880).
Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture.
LANDLORD AND TENANT.
This obligation makes the landlord responsible for any lawful eviction of the tenant during the term, but not for wrongful eviction unless he is himself the wrongdoer or has expressly made himself responsible for evictions of all kinds.
A landlord is not presumed to have undertaken to put the premises in repair, nor to execute repairs.
Where there is an unqualified covenant to repair, and the premises during the tenancy are burnt down, or destroyed by some other inevitable calamity, the tenant is bound to rebuild and restore them at his own expense, even although the landlord has taken out a policy on his own account and been paid by the insurance company in respect of it.
A breach of the covenant to repair gives the landlord an action for damages which will be measured by the estimated injury to the reversion if the action be brought during the tenancy, and by the sum necessary to execute the repairs, if the action be brought later.
The relationship of landlord and tenant may be altered either voluntarily, by the act of the parties, or involuntarily, by the operation of law, and may also be dissolved.
The principal mode of voluntary alteration is an assignment either by the tenant of his term or by the landlord of his reversion.
An assignment which creates the relationship of landlord and tenant between the lessor or lessee and the assignee, must be by deed, but the acceptance by a landlord of rent from a tenant under an invalid assignment may create an implied tenancy from year to year; and similarly payment of rent by a tenant may amount to an acknowledgment of his landlord's title.