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
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