The words "reserving, " or "yielding," or "paying," a rent, or any phraseology distinctly showing the intention of the parties that rent should be paid, imply a covenant or a promise on the part of the lessee to pay the same, although the words import no promise. And he is liable for an action either for non-payment of rent, or for refusing to take possession. (r) But a failure to pay rent does not forfeit the lease, without express agreement to that effect. (rr) He is not bound to pay the taxes, unless he agrees to; but the agreement may be indirect and constructive, as if he agrees to pay the rent "free from all taxes, charges, or impositions," (s) or even to pay a "net rent;" (t) or any other language is used distinctly showing that this burden was to be cast upon the tenant. And where a lessee of a part of a building covenanted to pay taxes, he was held to pay his proportion of the taxes assessed on the whole building, a usage to that effect being shown to exist in that locality. (tt)

The time when the rent is due depends upon the terms of the contract; and, if this were silent, the time would depend upon statutory provision, if any there were, and in the absence of such provision, upon the usage of the country. Whenever it is due, if no place of payment is fixed by the contract, and there is a clause of re-entry and forfeiture in case of non-payment, a readiness to pay upon the land would be necessary to prevent a forfeiture, and as the law could not in such a case compel a tenant to seek the landlord off the land to pay the rent, and at the same time be ready upon the land with the money to prevent a forfeiture, it would seem that a readiness to pay upon the land would also be a good plea of tender in an action for the rent, (u) although the tenant might, if he chose, make a personal tender which would be good. (v) But we hold, with the latest * English authority, that if there be no clause of forfeiture in the 1 ase, the tenant must seek the landlord and tender the rent, as in other cases, in order to prevent the landlord from recovering the costs of an action; (w) although the American eases lead to a different conclusion. (a:) And a tender of rent on the day it tell due, although at a late hour in the evening, has been held good. (y) Most leases now made in this country contain a clause of forfeiture for non-payment, giving to the lessor the right to re-enter thereupon, and to repossess himself absolutely of the premises. This provision is expressed in various ways, but it is substantially the same everywhere. It must be remembered, however, that the law is exact, and indeed punctilious, as to the exercise of this right of re-entry. It may be said, in general, that a demand must be made for the rent due, and of the precise sum, on the very day on which it becomes due, and at a convenient time before sunset, and at the very place where it is payable, if one be prescribed, and otherwise at the most conspicuous or notorious place on the premises leased. (z)

(r) De Lancey v. Ganong, 9 N. Y. 9; Brand v. Frumveller, 32 Mich. 215. See Platt on Covenants, 50. The learned author of this treatise maintains, however, with great ability and learning, that an action of covenant will lie in such case only when the lease is made by indenture executed by the lessee.

(rr) Brown v. Bragg, 22 Ind. 122.

(s) Bradbury v. Wright, Dougl. 624. But see contra, Cranston v. Clarke, Sayer, 78

(t) Bennett v. Womack, 3 C. & P. 96; s. C. 7 B. & C. 627.

(tt) Codman v. Hall, 9 Allen, 335, Amory v, Melvin, 112 Mass. 83.

(u) Haldane v. Johnson, 20 E. L. & E. 498; s. c. 8 Exch. 689.

A landlord who, without demanding rent the day it is due, or then entering, and without giving due notice, subsequently enters upon land held by a tenant at will, is a trespasser. (zz)

A lessee for years holding over though only to remove his goods, is held to become thereby a tenant from year to year, and must give six months' notice to determine his tenancy. (za)1

A tenant is not bound to make repairs without an express agreement. Such is the general rule, sometimes asserted quite strongly. (zb) But, from the weight of authority, and the prevailing usage, we should say that the tenant must make such repairs as are made necessary by his use of the house, and are required to keep the premises in tenantable condition. And even if an accident occur without his having anything to do with it, as if a window were broken, or slates cast from the roof, he must repair, if serious injury will obviously result in case the accident be left

(v) Hunter v. Le Conte, 6 Cowen, 728.

(w) Haldane v. Johnson, 20 E. L. & E. 498; s. C. 8 Exch. 689.

(x) Hunter v. Le Conte, 6 Cowen, 728; Walter v. Dewey, 16 Johns. 222.

(y) Thomas v. Harden, cited in Perkins v. Dana, 19 Vt. 589.

(z) Van Rensselaer v. Jewett, 2 Comst.

135. 141: Jones v. Reed, 15 N. H. 68. In the latter case it is said that the demand must be made in the afternoon

(zz) Cunningham v. Holton, 55 Me. (za) Witt v. Mayor, etc. of New York,

6 Rob. 441.

(zb) Brewster v. De Fremery, 33 Cal without repair. (a) In general, an outgoing tenant must leave the premises wind and water tight, but is not bound to any ornamental repair, as painting, papering, etc., although so broad a covenant on his part as " to leave the premises in good and sufficient repair, order, and condition," might cover these repairs. (b)1 But if he expressly agrees to keep the prem-ises * in repair, and to deliver them up in good repair, he is not justified in permitting them to remain out of repair by the fact that they were so when he received them. (c) 2 If the landlord is under no obligation to repair, and the tenant voluntarily makes them, the landlord is not bound to repay him the expense. (d) If there be an express and unconditional agreement to repair, or to redeliver in good order, or to keep in good repair, the tenant is bound to do this, even though the premises are destroyed by fire, so that he is in fact compelled to rebuild them; (e) but not if destroyed by the act of God or the public enemies. (f) It is, therefore, now usual, in well-drawn leases, to add to the covenant obliging the tenant to repair and redeliver in good order, an exception, " unless the premises are injured or destroyed by fire or inevitable accident. " It is held that where the lease stipulates that if the house be burned down the rent shall cease, such a contingency determines the lease, and the landlord may take possession. (ff) Where the tenant contracts to