The American Law of Landlord and Tenant, Volume 2

Front Cover
 

Contents

Liable without Actual Entry
31
Assignments by Deed and in Law Their Effects distin guished
32
Assignment over generally discharges Future Liability
33
Assignment over Things Essential to its Validity 454 Liability of on Certain Covenants
35
Mortgagee generally considered an Assignee
36
Liability of Assignee of Insolvent Debtor
37
Insolvency as affecting Right to collect Subsequent Rents
39
Trustees for Creditors how far liable for Rent 27 28 30 31
41
42
42
Bound only by Covenants running with the Land
43
May avoid Liability by assigning How Chargeable
44
Heir how far Chargeable on his Ancestors Covenants 463 Heir of Lessee Rights
45
CHAPTER XI
47
By Notice to quit 466 Tenancy at Will Different Ways of determining
48
Tenancy from Year to Year only determined by Notice
50
Particulars
51
Tenant under Void Lease or Agreement entitled
53
Successors to Tenants Estate when entitled to 471 When not necessary
54
To entitle to must be Privity Acts of Tenant to render unnecessary
57
Acts of Landlord to render unnecessary
58
Mortgagor in Possession when entitled
59
When to be given Length
60
48
65
Must be in Name of Landlord By Tenants in Common
66
Waiver of what Acts constitutes
73
50
78
51
80
For Nonpayment of Rent Demand a Prerequisite to
84
53
85
Waiver of Forfeiture by Acceptance of Rent or Distraint
90
54
95
Waiver of Continuous Condition
96
Defined
101
To be by Written Instrument Inferred from Acts
107
By Parol Acts
113
57
114
Effect of on Rights of Parties
119
c USING THE PREMISES FOR AN ILLEGAL PURPOSE
125
CHAPTER XII
131
When a Trespasser Liable for Double Rent by Statute
137
Demand of Possession a Prerequisite to suit 528 Notice to Tenant in Possession required given
139
Statute Penalty in Certain Cases Double Rent 530 Action for Special Damages
141
Mutual Privileges after Dissolution
142
58
143
59
144
533 Tenants Right to remove his Effects As to his Improve
146
Tenants Right to Emblements
148
In what Cases Right attaches
150
Does not attach to a Defined Tenancy for Years
151
In Tenancies at Will Of Mortgagees
152
Custom in Favor of Tenants for Years
153
157
155
Manure when to be returned to the Soil
157
Mutual Privileges founded on Usage
159
Right lost by Tenants Acts General Right to remove
160
The Tenants Right to remove Fixtures
161
Test of Annexation and Applicability
165
Trade Fixtures what
166
Things required for Purposes of Trade are 161 164 165 166
169
Domestic Fixtures what
170
Erections for Agricultural Purposes Differing Rules as to
172
How far Personal Property Removal
173
Must be capable of Removal without Injury to the Freehold
175
Time within which Tenant may remove
176
Renewal or Surrender as determining Right to remove
179
Title to vests in Landlord on Tenants quitting Possession
181
Custom as to Particular Articles Agreements
182
CHAPTER XIII
185
Of a Distress for Rent
186
In what States it exists
187
How Limited in Certain States
189
Lies for all Rents reserved on Lands or Tenements 561 Actual Demise at Fixed Rent a Prerequisite to 562 Certain Rent Tenant not in Full Possession
193
Actual Demise essential to Agreement to Lease in sufficient
194
Generally to be made on the Premises yielding the Rent
204
Pursuit of Chattels removed to avoid Distress when liable
205
Arrears of Rent Included but not Damages
212
Inventory and Custody of the Goods 212
213
All Movables on Premises subject to at Common Law Rule Changed in Certain States
214
Distraint of Property of Strangers Observations
215
Statutory Exemptions from Distress
216
Exemptions from Distress at Common
217
Of Foreign Ambassadors and Ministers Things in Actual
223
Liability of the Officer under the Statute
229
Aiding Fraudulent Removal or Concealment
235
Rests on Privity of Estate or Contract Liability of Mesne
241
By Assignee of the Reversion
242
Against the Tenant at Sufferance
243
Tenant when liable for Double Rent 624 Form of Declaring
244
When Transitory When Local
245
Against the Executor Form
246
Tenants Interpleader 628 Against an Infant
247
249
248
Not the Subject of Setoff
249
But subject to Tenants Recoupment
250
Lies in behalf of Subsequent Mortgagee when 633 Plea of Tender
251
Tender of Money Of Specific Articles
252
The Action for Use and Occupation
253
To maintain Relation of Landlord and Tenant must subsist
255
a Applications of the Rule
257
Will not lie after Tenants Estate is determined or disowned
259
Lies for Enjoyment of Incorporeal Hereditaments Ex amples
260
Maintainable by Assignee of Reversion Not by Parties not in Privity 640 Form of declaring
261
Defendants Possession requisite
262
Against Tenant holding over 257 259
264
266
265
After Destruction of Premises by Fire 646 Bad Condition of Premises not a Defence
266
Against Tenant abandoning Recoupment 648 Holding being ended by Landlords Act Action will not lie
267
Eviction Effect of on the Remedy
268
Rent ascertainable from Void Lease
269
Against Assignees of Bankrupt
270
Facts to constitute Defence
271
but may set up his own
272
Evidence to support the Action
273
The Action of Covenant
279
Executors and Administrators how bound
285
Defendants Plea of Performance
291
When Equity will relieve Covenantee
297
Assumpsit
300
Granted only for Substantial Injury to the Freehold
306
When Estoppel does not arise
323
Mesne Profits Mesne Lessee generally not liable
330
Statutory Proceeding on Vacant Possession
335
a Plaintiff must be entitled to Immediate Possession
345
a Service on Undertenant
351
a Appeal from Magistrate
361
The Action of Replevin
373
Plaintiff bound to due Diligence in Prosecution
376
Cases in which the Action lies
382
Place Abuse of Distress
388
Action of Trespass
395
For Injury to Realty Persons in Actual Possession
401
Case and Trespass when each lies
407
Allegations necessary in Order to maintain
419
Judgment for Restitution
425
Takes with Assignors Rights and Obligations
437
Liability of on Covenants running with the Land
443
24
451
Duty of to surrender Liability for Rent continues
524
414
547
Of Goods removed Rules in Certain States
576
Goods of Strangers generally not Liable after Removal
577
Sufficient Acts of Distraint Entry to distrain
578
By whom to be Levied 579 a Landlords Affidavit Particulars
579
Warrant of Distress Particulars
580
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Page 496 - ... granted, bargained, sold, assigned, transferred and set over, and by these presents doth grant, bargain, sell, assign, transfer and set over unto the said...
Page 505 - ... it shall be lawful for the said lessor, at any time thereafter, into and upon the said demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy as of his or their former estate, anything hereinafter contained to the contrary notwithstanding.
Page 431 - ... between the first day of November and the first day of April to the value of not...
Page 447 - CD, his executors, administrators, and assigns, shall and will from time to time, and at all times, during the...
Page 502 - ... make, do and execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable acts...
Page 494 - Doe and his assigns, from the day of in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended.
Page 522 - In the name of the people of the State of New York: "To the sheriff of the county of Albany...
Page 432 - In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the benefit of any Act for the relief of insolvent debtors...
Page 5 - ... after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.
Page 443 - And the [lessor doth hereby] for himself his heirs executors administrators and assigns [covenant with the said lessee his executors administrators and assigns] that he...

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