Leases. - A lease is a conveyance of premises or lands for a specified term of years, at a yearly rent, with definite conditions as to alterations, repairs, payment of rent, forfeiture, etc. Being an instrument of much importance, it should always be drawn by a respectable attorney, who will see that all the conditions in the interest of the lessee are fulfilled.

2846. Precaution - In taking a lease, the tenant should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease or other penalty, if he should underlet or assign his interest, carry on some particular trade, etc.

2847. Covenants

The covenants on the landlord's part are usually the granting of legal enjoyment of the premises to the lessee; the saving him harmless from all other claimants to title; and also for future assurance. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired.

2848. Rent And Taxes

The lessee covenants to pay the rent and all taxes.

2849. Assignments

Unless there be a covenant against assignment, a lease may be assigned; that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from assigning or underletting. Tenants for terms of years may assign or underlet, but tenants at will cannot.

2850 Repairs - A tenant whereovenants to keep a house in repair is not answerable for its natural decay, but it bound to keep it wind and water tight, so that it does not decay for want of cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down.

2851. Neglect of Repairs by Landlord - If a landlord covenants to repair and neglects to do so, the ten ant may do it and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs.

2852. Right Of Landlord To Enter Premises

A Landlord may enter upon the premises (having given previous notice), although not exppress-ed ed in the lease, for the purpose of viewing the state of the property.

2853. Termination Of Leases

A tenant must deliver up possession at the expiration of the term (the lease being sufficient notice) or he will continue liable to the rent as tenant by sufferance without any new contract; but if the landlord recognizes such tenancy by accepting a payment of rent after the lease has expired, such acceptance will constitute a tenancy; but previous to accepting a rent the landlord may bring his ejectment with out notice, for the lease having expired, the tenant is a trespasser. A lease covenanted to be void, if the rent be not paid upon the day appointed, is good, unless the landlord make an entry.

2854. Married Women

Married women (unless the power is expressly reserved them by marriage settlement), cannot grant leases; but husbands, seized in right of their wives, may grant leases for twenty-one years. If a wife is executrix, the husband and wife have the power of leasing, as in. the ordinary case of husband and wife

2855. Married women cannot (except by special custom) take leases; if husband and wife accept a lease, she may, after his death, accept or reject it, in the same manner as an infant may, and is not bound by the covenants though she continues a tenant.

2856. Notices

All notices of whatever description relating to tenancies, should be in writing, and the person serving the said notice should write on the back thereof a memorandum of the date on which it was served, and should keep a copy of the said notice with a similar memorandum attached

2857. Houses are considered as let for the year, and the tenants are subject to the laws affecting annual tenancies, unless there be an agreement in writing to the contrary.

2858. Agreement For Taking A House

Forms of agreement, or leases may be obtained at any law stationers in the city; in the country they can be procured from the booksellers.

2859. Care should be taken to have inserted in the lease all terms of the contract between the parties.

2860. Leases may be for a term of years, or for life, or at will.

2861. A lease for years is a lease for a certain number of years specified in the lease.

2862. A lease for life is a lease for either the life of the tenant, or of some other person or persons.

2863. A lease at will is where the tenantry exists only during the will of either of the parties. The statutes of most of the States provide that a parol lease for a longer term than one year shall operate only as a lease at will.

2864. A lease by sufferance is when the tenant's lease has expired, and he remains in-possession. He is then tenant by the sufferance of the landlord.