imes seems clearly
to justify such action. A guardian may lease his minor's land for the
period of his minority; if leased beyond, the ward may have the lease
canceled for the excess. A lease terminates on the death of the ward,
whatever may be the length of the term. A parent cannot lease the land
of his minor child like a guardian.
By common law a lease made by a married woman was avoided after her
husband's death. The modern statutes excluding her husband's power of
control over her property and authorizing her to take and hold
property as if she were an unmarried woman, have abolished both his
power to invalidate the lease and also her power to repudiate it after
his death.
A private corporation may make a lease of its property provided that
in doing so it acts within its charter. A municipal corporation, while
it may lease property belonging thereto of a private nature, cannot
lease property which has been devoted to public use. A corporation
whether public or private may take a lease of property so far as this
may be a proper means of carrying out the purposes for which the
corporation was created.
Executors and administrators may dispose of a lease belonging to the
deceased, or make new leases for terms within the period covered by
it. Trustees have a still larger authority to lease the lands
entrusted to them, unless restricted by the terms of their
trusteeship, or by statute. Though a member of a partnership, as we
have seen, is an agent, he cannot make valid lease of partnership
land.
What may be leased? Besides land, the right to a wharf, to flow with
water the land of another, to go over another's land. An ordinary
boarder, who has a room and boards in the house of another and who
retains the possession and care of his room, is not a tenant. On the
other hand the letting of an entire floor for lodgings may create a
tenancy, and so may even a single room. A lease for an unlawful
purpose is void, for example, for the sale of spirituous liquors
contrary to law.
If the premises are occupied by the lessee and his rent is paid as
specified in the lease, this is regarded as a ratification by him of
an invalid or void lease. To this rule are some exceptions.
A rule of construction may here be added; if a blank form is used in
making a lease and the printed and written parts or agreements are
inconsistent, the matters written are regarded as expressing the
intention of the parties.
Much might be sai
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