al agreement.
But if the premises, from want of repair, have become unsafe or useless,
the tenant from year to year may quit without notice; and he would not
be liable for rent after the use had ceased to be beneficial.
Sec.9. When rent is due, payment may be made or tendered upon the premises;
and if no place of payment has been agreed on, a personal tender off the
land is also good. As to the time of payment, where there is no special
agreement to the contrary, rent is due yearly, half-yearly, or
quarterly, according to the usage of the country. Where there is no
particular usage, the rent is due at the end of the year.
Sec.10. An _estate at will_ is where land is let to another, to hold at the
will of the lessor. Tenancies at will, strictly such, are not common.
Such estates, when no certain term is agreed on, are construed to be
tenancies from year to year, and each party is bound to give reasonable
notice of an intention to terminate the lease. If the tenant holds over
after the expiration of a lease for years, either by express consent, or
under circumstances implying consent, it is held to be evidence of a new
contract without any definite period, and is construed to be a tenancy
from year to year: and in those states where the old English rule
prevails, six months' notice must be given the tenant to quit.
Sec.11. What turns leases for uncertain terms into leases from year to
year, is the landlord's reserving annual rent. A tenant placed on land
without any terms prescribed or rent reserved, is strictly a tenant at
will; and it has been held that such tenant is not entitled to notice to
quit; but the general rule now seems to be, that even in such case the
six months' notice is necessary; or, as in some states, a reasonable
notice.
Sec.12. An _estate at sufferance_ is that which is acquired by a tenant who
has come into lawful possession of land, but who holds over by wrong
after his interest has ceased. He is not entitled to notice to quit; and
where there is no special statute, he is not liable for rent; and the
landlord may enter, and remove the tenant and his goods with such gentle
force as may be necessary. If undue force is used, the landlord would be
liable to an action for forcible entry and detainer.
Chapter LIV.
Contracts in General.
Sec.1. A _contract_ is an agreement between two or more persons, by which
the parties agree to do, or not to do, a particular thing. Contracts are
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