This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
A PERSON leasing real estate to another is termed a landlord; the person occupying such real estate is known as a tenant. The person making the lease is known in law as the lessor; the person to whom the lease is made, as the lessee. No particular form of wording a lease is necessary. It is important, however, that the lease state, in a plain, straightforward manner, the terms and conditions of the agreement, so that there may be no misunderstanding between the landlord and tenant.
It is essential that the lease state all the conditions, as additional verbal promises avail nothing in law. It is held, generally, that a written instrument contains the details, and states the bargain entire, as the contracting parties intended.
The tenant can sub-let a part, or all, of his premises, unless prohibited by the terms of his lease.
A lease by a married woman, even if it be upon her own property, at common law, is not valid; but, by recent statutes, she, in many States, may lease her own property and have full control of the same; neither can the husband effect a lease that will bind her after his death. His control over her property continues only so long as he lives.
Neither a guardian nor a minor can give a lease, extending beyond the ward's majority, which can be enforced by the lessee; yet the latter is bound unless the lease is annulled.
If no time is specified in a lease, it is generally held that the lessee can retain possession of the real estate for one year. A tenancy at will, however, may be terminated in the eastern States by giving three months' notice in writing; in the middle and southern States, six months; and in the western States, one month; though recent statutes, in some States, have somewhat modified the above.
The lease that specifies a term of years without giving the definite number is without effect at the expiration of two years. A lease for three or more years, being acknowledged and recorded in the recorder's office, is an effectual bar to the secret or fraudulent conveyance of such leased property; and it further obviates the necessity of procuring witnesses to authenticate the validity of the lease.
Duplicate copies of a lease should always be made, and each party should retain a copy of the same.
A new lease to the same person invalidates an old one.
A lease on property that is mortgaged ceases to exist when the person holding such mortgage forecloses the same if it is prior to the lease.
A landlord, consenting to take a substitute, releases the first tenant.
Where there is nothing but a verbal agreement the tenancy is understood to commence at time of taking possession. When there is no time specified in the lease, tenancy is regarded as commencing at the time of delivering the writings.
This Instrument, made the first day of May, 1872, witnesseth that Theodore Shonts, Ashville, County of Buncombe, State of North Carolina, hath rented from Tilgham Schnee, of Ashville, aforesaid, the dwelling and lot No. 46 Broadway, situated in said town of Ash-ville, for four years from the above date, at the yearly rental of Two Hundred and Forty Dollars, payable monthly, on the first day of each month, in advance, at the residence of said Tilgham Schnee.
At the expiration of said above-mentioned term, the said Shonts agrees to give the said Schnee peaceable possession of the said dwelling, in as good condition as when taken, ordinary wear and casualties excepted.
In witness whereof, we place our hands and seals the day and year aforesaid.
Signed, sealed and delivered in presence of John Edminster, Notary Public.
THEODORE SHONTS,-(seal)-TILGHAM SCHNEE.-(seal)-
This Indenture, made this first day of May, 1873, between Hiram Wilcox, of Oxford, county of Benton, and State of Alabama, party of the first part, and Barton D. Maynard, of the same town, county and State, party of the second part;
Witnesseth, that the said party of the first part, in consideration of the covenants of the said party of the second part, hereinafter set forth, does by these presents lease to the said party of the second part the following-described property, to wit: The dwelling-house and certain parcel of land, situated on the south side of Main street, between Spring and Elm streets, known as No. 82 Main street.
To have and to hold the same to the said party of the second part, from the first day of May, 1873, to the thirtieth day of April, 1875. And the said party of the second part, in consideration of the leasing the premises as above set forth, covenants and agrees with the party of the first part to pay the said party of the first part, as rent for the same, the sum of One Hundred and Eighty Dollars per annum, payable quarterly in advance, at the residence of said party of the first part, or at his place of business.
The said party of the second part further covenants with the party of the first part, that at the expiration of the time mentioned in this lease, peaceable possession of the said premises shall be given to said party of the first part, in as good condition as they now are, the usual wear, inevitable accidents, and loss by fire, excepted; and that upon the non-payment of the whole or any portion of the said rent at the time when the same is above promised to be paid, the said party of the first part may, at his election, either distrain for said rent due, or declare this lease at an end, and recover possession as if the same were held by forcible detainer; the said party of the second part hereby waiving any notice of such election, or any demand for the possession of said premises.
And it is further covenanted and agreed, between the parties aforesaid, that said Barton D. Maynard shall use the above-mentioned dwelling for residence purposes only, and shall not sub-let any portion of the same to others, without permission from said Hiram Wilcox.
The covenants herein shall extend to and be binding upon the heirs, executors and administrators of the parties to this lease.
Witness the hands and seals of the parties aforesaid.
HIRAM WILCOX,-(seal)-BARTON D. MAYNARD.-(seal)-
This Indenture, made this first day of March, 1873, between Moses Waite, of the town of Doyleston, State of Pennsylvania, of the first part, and Abijah Hazelton, of the same place, of the second part:
Witnesseth, that the said Moses Waite, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said Abijah Hazelton, his executors, administrators and assigns, to be paid, kept and performed; hath let, and by these presents doth grant, demise and let, unto the said Abijah Hazelton, his executors, administrators and assigns, all that parcel of land situate in Doyles-ton aforesaid, bounded and described as follows, to wit:
[Here describe the land. ]
Together with all the appurtenances appertaining thereto. To have and to hold the said premises, with appurtenances thereto belonging, unto the said Hazelton, his executors, administrators and assigns, for the term of five years from the first day of April next following, at a yearly rent of Eight Hundred Dollars, to be paid in equal payments, semi-annually, as long as said buildings are in good tenantable condition.
And the said Hazelton, by these presents, covenants and agrees to pay all taxes and assessments, and keep in repair all hedges, ditches, rail, and other fences (the said Moses Waite, his heirs, assigns and administrators, to furnish all timber, brick, tile and other materials necessary for such repairs.)
Said Hazelton further covenants and agrees to apply to said land, in a farmer-like manner, all manure and compost accumulating upon said farm, and cultivate all the arable land in a husband-like manner, according to the usual custom among farmers in the neighborhood; he also agrees to trim the hedges at a seasonable time, preventing injury from cattle to such hedges, and to all fruit and other trees on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable land, ploughing the same number of acres each spring of land now in grass, and hitherto unbroken.
It is further agreed, that if the said Hazelton shall fail to perform the whole or any one of the above-mentioned covenants, then and in that case the said Moses Waite may declare this lease terminated, by giving three months' notice of the same, prior to the first of April of any year, and may distrain any part of the stock, goods or chattels, or other property in possession of said Hazelton, for sufficient to compensate for the non-performance of the above-written covenants, the same to be determined, and amounts so to be paid to be determined by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one, and the two so chosen to select a third; the decision of said arbitrators to be final.
In witness whereof, we have hereto set our hands and seals.
Signed, sealed and delivered in presence of Harry Crawley.
MOSES WAITE,-(SEAL)-ABIJAH HAZELTON. -(seal)-
This Certifies that I have let and rented, this first day of May, 1872, unto Dennis Holden, my house and lot, No. 18, North Front street, in the city of Philadelphia, State of Pennsylvania, and its appurtenances; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of Twelve Hundred Dollars, to be paid monthly in advance; rent to cease if destroyed by fire, or otherwise made untenantable.
This Certifies that I have hired and taken from Jonas Wheelock, his house and lot, No. 18 North Front street, in the city of Philadelphia, State of Pennsylvania, with appurtenances thereto belonging, for one year, to commence this day, at a yearly rental of Twelve Hundred Dollars, to be paid monthly in advance; unless said house becomes untenantable from fire or other causes, in which case rent ceases; and I further agree to give and yield said premises one year from this first day of May, 1872, in as good condition as now, ordinary wear and damage by the elements excepted.
Given under my hand this day.
To Chandler Peck,
Sir: - Please observe that the term of one year, for which the house and land, situated at No. 14 Elm street, and now occupied by yourself, were rented to you, expired on the first day of May, 1873, and as I desire to repossess said premises, you are hereby requested and required to vacate the same.
Respectfully Yours, Newton, Mass. , May 4, 1873. DENSLOW MOORE.
Tenant's Notice of Leaving.
Bear Sir: - The premises I now occupy as your tenant, at No. 14 Elm street, I shall vacate on the first day of May, 1873. You will please take notice accordingly.
Dated this first day of February, 1873. To Denslow Moore, Esq. CHANDLER PECK.