LANDLORD AND TENANT

LEASES

Leases are contracts by which one party, called the lessor or landlord, gives to a second party, called the lessee or tenant, possession of land or other real estate for a fixed period of time, receiving in return for the use, possession and profit thereof a fixed compensation called the rent.

Duration.-A lease may be for life, by sufferance, or for a term of years.

A Lease for Life terminates with the death of the lessee or tenant or any person specified as such in the lease.

A Lease by Sufferance of the landlord exists when a lease for a term of years has expired and the tenant is allowed to remain in possession. Such possession may be terminated without

notice.

A Lease at Will is one which exists only during the will of the landlord and may terminate at the will of either party, as the rights of possession on the part of the landlord or the rights of abandonment on the part of the tenant may justify, or by the death of either party.

A Lease for a Term of Years begins and ends at a certain specified date. Under the latter the tenant possesses greater privileges than under either of the former. When the number of years is not mentioned it is construed to mean not less than two.

Written or Unwritten.-Leases for a term of more than one year, in most of the States, must be in writing, and in some States must be executed, acknowledged and recorded in the same manner as deeds, otherwise they are invalid as against third parties without notice.

Essential Specifications in a written lease are: dates, names, rent, description.

The Date fixes the beginning of the lease. Where no date is mentioned the time commences ordinarily with the delivery of the lease. This, however, is not always conclusive if another date can be proven.

Names. The law recognizes only one Christian name and the surname. If a party assumes a false name he is nevertheless responsible. The landlord deals with the man, not with the

name.

The Rent.-Rents may be payable in other valuables besides money; the amount should, however, always be stated. If not

stated, the law will allow the landlord what the use of the premises is reasonably worth.

Description of Premises.-The lease must describe the premises. It need not be in full detail; any general description that will identify the property is sufficient. The parts and appurtenances that ordinarily belong to such premises are included.

Who Cannot Give a Lease.—A husband cannot make a lease which will bind his wife's property after his death. A guardian cannot give a lease extending beyond a minor's majority which the minor cannot annul if he wishes, but if he does not annul it the tenant is bound by it. Under the common law a married woman cannot lease her property, but under the statutes of most States she can. A special statute supersedes the common law.

A minor cannot make a valid lease, but can become a tenant. Students under age hiring rooms come under this class.

Rights of Landlord

Subletting and Assigning Lease.-The landlord can prohibit his tenant from subletting the premises, or any part of them, or from assigning the lease, by stating the prohibition in a special clause of the same.

Tenant Breaking the Condition.—If the tenant has broken the condition of the lease by subletting the premises, the landlord, if he accepts the rent due, cannot remove the tenant.

Right to Inspect Premises -The landlord has the right to enter upon the premises to ascertain whether there is any waste or injury done, after first giving notice of his intention.

Making Repairs.-Unless expressly covenanted, the landlord is not obliged to make the necessary repairs. If a tenant wishes his landlord to make special repairs during the term he must stipulate for the same in the lease. But if the landlord does agree to make all necessary repairs and fails to do so, even that does not relieve the tenant from paying rent.

Notice to Quit.-In case of a tenant at will, or one who holds over after the expiration of his lease with the consent of the landlord, a notice to quit is necessary to compel him to give up his possession. This notice must, as a general rule, be given at a date before some "rent day," and distant from it by the usual period at which rent is payable. Thus, if it is payable monthly, there should be a month's notice ending on the day when the rent is payable. If the rent is in arrears, only a brief notice is

required. In most of the States this is fixed at from five to fourteen days. Such notice need not be made to end upon the day when rent is payable.

Refusal to Vacate.-If a tenant refuses to vacate the premises after the termination of his lease, from any cause, the proper and safest way for the landlord, as well as the cheapest, is to get him out by process of law, or by a sealed lease to a third party, who can legally claim possession.

Rights of Tenant

Some of the rights of tenants are embodied in the above statements of the rights of the landlord.

To What a Tenant is Entitled.—In taking possession of the premises the tenant is entitled to all the privileges and appurtenances to the property in all their details without being expressed in the lease.

Sale of Property.-The landlord has no right to interfere with the tenant's rights by selling the property. Such sale must be made subject to the rights of the tenant.

The Right to Sublet.-A tenant can sublet the rented premises or any part of them, unless expressly prohibited from doing so by the terms of the lease. He, however, remains responsible to his landlord, unless the latter accepts such third party as his tenant in place of the former and releases him in writing.

Lease Assignable.-A tenant's lease is always assignable unless it contains restrictions to the contrary. Such an assignment, however, to be fully legal must be under seal. The assignment may be for a part or the whole of the original term, but if for less than the original term, then it is properly subletting.

The Subtenant.-The subtenant bears no relation to the original landlord and is not responsible to him for rent. The tenant from whom he has rented is his only landlord. In the case of an assignment of the lease the new tenant becomes the tenant of the original landlord and must pay him the rent.

Repairs. A tenant cannot make repairs upon the property rented and deduct the amount paid out from the rent, for that would be in effect compelling the landlord to do it.

Making Improvements. For improvements that become part of the premises, or such as cannot be removed without injury to the same, the tenant can claim no allowance from the landlord; but a tenant may remove from rented property articles which he has placed for use in some trade, such as steam engines or

other machines, or even buildings erected for the same purpose, or articles for domestic use, such as furnaces, shelves, gas fixtures, etc. Of course his personal property a tenant can remove any time at pleasure.

Right to Quit.-Where the renting is for a definite time no notice from either party to the other is necessary, as the landlord has the immediate right of possession as soon as the time expires; so the tenant has also the right to vacate at that time without giving notice to the landlord. Where, however, no limit of time is set a notice from either party is required of six months' time or less.

Payment of Taxes. -Where the tenant is to pay the taxes on the property he occupies it must be distinctly stated in the lease, as a verbal promise is of no effect.

A Recorded Lease. If a lease for three or more years is acknowledged and recorded in the recorder's office, then the leased property cannot be secretly or fraudulently conveyed during that time.

Effects of Mortgage. If after renting the landlord should mortgage the property, the mortgagee's rights would be subject to those of the tenant, and a sale or foreclosure could not disturb the tenant's possession.

Duties of the Landlord

1. It is the landlord's duty to see to it that his tenant has the quiet enjoyment of the premises and is not disturbed by any one having a better title to the same than the landlord.

2. The landlord must not render the tenant's occupation uncomfortable by erecting anything like a nuisance on or near the premises.

3. If not otherwise provided for in the lease, it is the landlord's duty to pay the taxes, ground rent, or interest on a mortgage that may exist.

4. The landlord is not bound to make repairs or allow the tenant for repairs which he may make unless especially agreed for in advance and so stated in the lease.

Duties of the Tenant

1. The tenant must take such care of the premises that others may not be injured by any neglect of any part of it.

2. The chief duty of the tenant is to pay rent. If no time for his possession is fixed, then he is only obliged to pay for the time

he has occupied; but if under any agreement for a certain term he will have to pay for that term.

3. He is expected to keep the premises wind and water tight and repair all damages made or suffered by him. Natural wear and tear he need not make good.

4. The tenant is obliged to return the premises to his landlord at the end of his term undiminished in value by any willful or negligent act of his. This requires him to replace broken doors or windows, or such other articles as may have been broken by use, neglect or accident.

Lease for Renting a House-Short Form

This instrument, made the first day of April, 1911, witnesseth, that I have this day let and rented unto Charles Waters my house and premises, No. 430 Lincoln Ave., in the City of Aurora and State of Illinois, with the sole and uninterrupted use and occupation thereof for one year, to commence the first day of May next, at the monthly rental of twenty-five dollars, payable in advance.

Witness my hand and seal.

JACOB BINDER. [SEAL]

Lease for Renting a House-Long Form

This Indenture, made the 20th day of May, 1911, between William B. Clark, of Chicago, State of Illinois, of the first part, and James L. Holmes, of the same place, of the second part,

Witnesseth, That the party of the first part has hereby let and rented to the party of the second part, and the party of the second part has hereby hired and taken from the party of the first part, the ground floor, cellar, and second story of the premises known as 4244 Indiana Ave., in the City of Chicago, with the appurtenances, for the term of three years, to commence the first day of June, 1911 at the yearly rental of nine hundred dollars ($900), payable in equal quarterly payments on the usual quarter days in each year.

And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein named, then it shall be lawful for the said party of the first part to re-enter the said premises and to remove all persons therefrom.

And the said party of the second part covenants to pay to the said party of the first part the said rent as herein specified and that at the expiration of the said term the said party of the second part will quit and surrender the premises in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; and the said party of the first part covenants that the said party of the second part on paying the said yearly rent and performing the covenants aforesaid shall and may peaceably and quietly have, hold, and enjoy the said demised premises for the term aforesaid.

In witness whereof the parties hereto have hereunto interchangeably set their hands.

ALIAM B. CLARK, JAMES L. HOLMES.