FREE BOOKS

Author's List




PREV.   NEXT  
|<   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382  
383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   >>   >|  
VING.] 1473. Precaution. In taking a lease, the tenant's solicitor should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease, or other penalty, if he should underlet or assign his interest, carry on some particular trade, &c. 1474. Covenants. The covenants on the landlord's part are usually for the quiet enjoyment of the premises by the lessee. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired. 1475. Rent and Taxes. The lessee covenants to pay the rent and all taxes, except the land and property taxes, which may be deducted from the rent. 1476. Assignments. Unless there be a covenant against assignment, a lease may be assigned, that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from assigning or underletting. Tenants for terms of years may assign or underlet, but tenants at will cannot. 1477. Repairs. A tenant who covenants to keep a house in repair is not answerable for its natural decay, but is bound to keep it wind and water tight, so that it does not decay for want of cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down, unless a stipulation to the contrary be inserted in the lease. 1478. Neglect of Repairs by Landlord. If a landlord covenant to repair, and neglect to do so, the tenant may do it, and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs. 1479. Right of Landlord to Enter Premises. A landlord may enter upon the premises (having g
PREV.   NEXT  
|<   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382  
383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   >>   >|  



Top keywords:

covenants

 

premises

 

lessee

 
tenant
 

landlord

 
repair
 

underlet

 
covenant
 

interest

 
assign

Repairs

 
restricted
 
Landlord
 
natural
 

assigning

 
intended
 

underletting

 

Tenants

 

answerable

 
restrain

insert

 

tenants

 
proper
 

conveyed

 

presence

 

witness

 

thereof

 

advisable

 

notice

 

commencing


repairs

 

Premises

 

withhold

 
liable
 

burned

 

Neglect

 
neglect
 

inserted

 
stipulation
 

contrary


deliver

 
difficulties
 

annoyances

 
instance
 

perpetual

 

involved

 
useless
 

purpose

 

making

 

alterations