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$ 85. What are the various ways by which a landlord may collect his rent? $$ 86-90.
What is the method of levying a distress and upon what may
it be levied ? $ 92. A lease contained a clause that the lessor should have a lien for his rent upon all the goods of the lessee. Subsequently certain goods of the lessee were seized on execution by a creditor. The landlord claimed to hold them for his rent. Which one is entitled thereto?
8 99. What is meant by the word "Fixture "
§ 102. Gray owned a factory in which there was a great deal of machinery and belting some of which was actually on the wheels and other pieces of belting were lying over the shafts but not in use. He gave a deed of the factory to Finch. May Gray thereafter remove the loose belting?
§ 106. The lessee of a farm added several improvements to the barns. At the end of his lease he sought to remove them. May he do so if he leaves the barns in the same condition as when he took them?
$ 110. Is a lessee for a definite term entitled to a notice to quit? 8 112. To how long a notice to quit is a tenant at will entitled ?
8 114. Abbott leased a factory to Jones. It was totally destroyed by fire. Did this terminate the lease ?
8 116 A lease provided that it should be forfeited if the tenant failed to keep the premises insured. He failed to do so. On an attempt by the landlord to collect rent accruing later, may the tenant claim that the lease is ended ?
FORM OF LEASE.
THIS INDENTURE, Made the
day of in the year One Thousand Nine Hundred and
between A. B., of ...... in the County of
and State of ..., of the first part, and Y. Z., of
in the said county, 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 [here insert brief description of the premises-e. g., thus:] the frame dwelling house and premises known as No. 9 King street, in the City of ....... with the appurtenances, for the term of years, to commence the
day of ...
.... .., 19...., at the yearly rent of
Dollars, payable in equal monthly payments of
Dollars, on the first day of each month during said term.
And the party of the second part hereby covenants to and with the party of the first part to make punctual payment of the rent, in the manner aforesaid, and quit and surrender the premises at the expiration of said term, or other determination of this lease, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; and further covenants that he, the party of the second part, will not use or occupy said premises for any business or purpose deemed extra-hazardous on account of fire; and that he will pay all water rent and gas bills charged on said premises during the term of this lease.
And the said party of the second part further covenants that he will permit the said party of the first part, or his agent, to enter said premises for the purpose of making repairs or alterations, and also to show the premises to persons wishing to hire or purchase; and on and after the ... day of ..... ..., 19...., will permit the usual notice of "to let," or "for sale” to be placed upon the walls of said premises, and remain thereon, without hindrance or molestation; and also, that if the said premises, or any part there
of, shall become vacant during the said term, the said party of the first part may re-enter the same, by either force or otherwise, without being liable to any prosecution therefor, and re-let the said premises as the agent of the said party of the second part, and receive the rent thereof, applying the same first to the payment of such expense as he may be put to in re-entering, and then to the payment of the rent due by these presents, and the balance, if any, to be paid over to the said party of the second part.
And the said party of the second part further covenants, that he will not assign this lease or underlet the said premises, or any part thereof, to any person or persons whomsoever, without first obtaining the written consent of said party of the first part; and in case of not complying with this covenant, the party of the second part agrees to forfeit and pay to the party of the first part the sum of ... Dollars, as and for liquidated damages, which are hereby liquidated and fixed as damages and not as a penalty.
This lease is made and accepted on this express condition, that in case the party of the second part should assign this lease, or underlet the said premises, or any part thereof, without the written consent of the party of the first part, then the party of the first part, his heirs or assigns, in his or their option, shall have the power and the right of terminating and ending this lease immediately, and be entitled to the immediate possession of said premises, and to take summary proceedings against the party of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term.
And it is further agreed, that in case the building on said premises shall, without any fault or neglect on his part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, the tenant shall not be liable or bound to pay rent to the lessor or owner thereof for the time after such destruction or injury, and may thereupon quit and surrender possession of the premises.
IN WITNESS WHEREOF, The parties hereto have hereunto interchangeably set their hands and seals, this
day of .... one thousand, nine hundred and
[Signatures and Seals.] Signed, sealed and delivered in the presence of
[Signature of Witness.)