FREE BOOKS

Author's List




PREV.   NEXT  
|<   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172  
173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   >>   >|  
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
PREV.   NEXT  
|<   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172  
173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   >>   >|  



Top keywords:
tenant
 

notice

 

payment

 
landlord
 

liable

 

agreement

 

construed

 

consent

 

strictly

 

estate


Contracts

 
entitled
 

states

 
contract
 
months
 

leases

 

reasonable

 

agreed

 

special

 

ceased


yearly

 

premises

 

general

 

parties

 

sufferance

 
repair
 

unsafe

 

useless

 

uncertain

 

reserving


annual

 

reserved

 
prescribed
 

acquired

 

forcible

 

action

 

detainer

 

Chapter

 

General

 

gentle


beneficial
 
possession
 

lawful

 

interest

 

remove

 
persons
 

statute

 
tenancies
 
contrary
 

terminate