Leases for over three years must be recorded. No particular form is necessary.
If no agreement in writing for more than a year can be produced, the tenant holds the property from year to year at the will of the landlord. If there is no agreement as to time, the tenant as a rule holds from year to year.
A tenancy at will may be terminated by giving the tenant one month's notice in writing, requiring him to remove from the premises occupied.
A tenant is not responsible for taxes, unless it be so stated in the lease.
The tenant may underlet as much of the property as he desires, unless it is expressly forbidden in the lease. Tenants at will cannot underlet.
A married woman cannot lease her property under the common law, but this prohibition is removed by statute in most of the States. A husband cannot make a lease which will bind his wife's property after his death.
A lease made by a minor is not binding after the minor has attained his majority. It binds the lessee, however, unless the minor should release him. Should the minor receive rent after attaining his majority, the lease will be therefore ratified. A lease given by a guardian will not extend beyond the majority of the ward.
A new lease renders void a former lease.
In case there are no writings, the tenancy begins from the day possession is taken; where there are writings and the time of commencement is not stated, the tenancy will be held to commence from the date of said writings.
Leases on mortgaged property, whereon the mortgage was given prior to the lease, terminate when the mortgage is foreclosed.
Where a tenant assigns his lease, even with the landlord's consent, he will remain liable for the rent unless his lease is surrendered or cancelled.
A building erected by tenants on foundations sunk into the ground, becomes a part of the realty, and belong to the landlord. Improvements to the building rented, that are nailed or screwed to the building become the property of the landlord. But trade fixtures belong to the tenant, it being presumed when the building is rented for trade purposes that it is permissible to put in the fixtures or make necessary attachments of same to the building. Among our business forms will be found a correct form of lease. Care must be taken in filling necessary blanks, and in ruling lines in spaces not filled by words.