At harvest-time the produce is placed in the barns of the lessor, who first deducts 25% as premium, then 16% for battiteria (the difference between corn before and after winnowing), then deducts a proportion for rent and subsidies, so that the portion retained by the actual tiller of the soil is extremely meagre.
An alien was, at common law, incapable of being either a lessor or a lessee.
But as between the subtenant and his immediate lessor the subtenancy will be good, and should the interest of the lessor become greater than it was when the subtenancy was created the subtenant will have the benefit of it.
Whether a particular instrument is a lease, or an agreement for a lease, or a bare licence, is a question the answer to which depends to a large extent on the circumstances of individual cases; and the only general rule is that in a lease there must be an expression of intention on the part of the lessor to convey, and of the lessee to accept, the exclusive possession of the thing let for the prescribed term and on the prescribed conditions.
At the will of both, for if a demise be made to hold at the will of the lessor, the law implies that it is at the will of the lessee also and vice versa.
The component parts of a lease are the parties, the recitals (when necessary) setting out such matters as the title of the lessor; the demise or actual letting (the word " demise " is ordinarily used, but any term indicating an express intention to make a present letting is sufficient); the parcels in which the extent of the premises demised is stated; the habendum (which defines the commencement and the term of the lease), the reddendum or reservation of rent, and the covenants and conditions.
Thus a lessee is under an implied obligation to treat the premises demised in a tenant-like or " husband-like " manner, and again, where in a lease by deed the word " demise " is used, the lessor probably covenants impliedly for his own title and for the quiet enjoyment of the premises by the lessee.
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.
As instances of " collateral " covenants, we may take a covenant by a lessor to give the lessee a right of pre-emption over a piece of land adjoining the subject of the demise, or in the case of a lease of a beer-shop, not to keep any similar shop within a prescribed distance from the premises demised, or a covenant by a lessee to pay rates on premises not demised.
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.
Another form of alteration in a contract of tenancy is an under-lease, which differs from assignment in this - that the lessor parts with a portion of his estate instead of, as in assignment, with the whole of it.
Under these acts a right of reentry or forfeiture is not to be enforceable unless and until the lessor has served on the lessee a written notice specifying the breach of covenant or condition complained of, and requiring him to remedy it or make compensation, and this demand has not within a reasonable time been complied with; and when a lessor is proceeding to enforce such a right the court may, if it think fit, grant relief to the lessee.
The rights and obligations of the lessor and the tenant (e.g.
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.
The lessor is bound by the nature of his contract and without the need of any particular stipulation (i.) to deliver to the lessee the thing hired in a good state of repair; (ii.) to maintain it in a state to serve the purpose for which it has been hired; (iii.) to secure to the lessee peaceable enjoyment during the continuance of the lease (Arts.
The lessor cannot, during the lease, change the form of the thing hired (Art.
1738-1739) (ii.) by the loss of the thing hired and by the default of the lessor or lessee in the fulfilment of their respective obligations (Art.
1741), but (iii.) not by the death either of the lessor or of the lessee (1742).
The lessee must give notice to the lessor of any acts of usurpation committed on the property (Art.
No refund is payable if the produce was severed before the accident, unless the lessor was entitled to a portion of it, when he must bear his share of the loss, provided the lessee was not in morel as regards the delivery of the lessor's portion.
There are several varieties of the contract, (i.) simple cheptel (cheptel simple) in which the whole stock is supplied by the lessor - the lessee taking half the profit and bearing half the loss (Art.
1827-1830); (iv.) the term " cheptel " is also improperly applied to a contract by which cattle are given to be housed and fed - here the lessor retains the ownership, but has only the profit of the calves (Art.