2. Written leases 3. Holding over under 4. Recovery of rent 6. Repairs, etc. 7. Injury or destruction, etc. 8. Summary proceedings-Removal of tenant 1. Verbal leases.-A verbal lease of land for one year or less is good. If a lease be made for one year and the tenant holds over into the second year with the consent of the landlord, it will amount to a renewal of the lease for another year, and the landlord and tenant, each, may hold the other thereunder according to the terms of the original lease. 2. Written leases.-All leases to run for a longer period than one year must be in writing and signed by the parties thereto. A lease of agricultural lands, for the purposes of agriculture, cannot be made for a longer period than twelve years. A lease to run for more than three years must be recorded in the county clerk's office of the county where the property is situated, to be good as against third parties becoming interested in the property without actual notice thereof. In New York city an agreement for the occupancy of real property which does not particularly specify the duration of the occupation, will be deemed to continue until the first day of May next after the possession commences thereunder, and unless otherwise expressed in the agreement, rent will be payable at the usual quarter days for the payment of rent in that city. 3. Holding over under.-A tenant for a term of years or for one year, who holds over his or her term, becomes a tenant from year to year. A tenancy by the month can only be created by a special agreement or implied from the manner in which the rent is paid that is, in the absence of an agreement if the rent is paid monthly, it will be considered a lease from month to month, and the holding over into any month makes the tenant one for that month and liable for rent therefor. 4. Recovery of rent. The landlord may recover a reasonable compensation for the use and occupation of real property, by any person, under an agreement, and a parol lease or other agreement may be used as evidence of the amount to which he or she is entitled. 5. Sub-letting.-Unless prohibited by the terms of the lease, a tenant may sub-let the premises for the duration of his lease. Unless the landlord accepts the new tenant and releases the original tenant from liability for rent, he will still be liable to the landlord for any default in payment on the part of the new tenant. 6. Repairs, etc.-There is no implied warranty on the part of a landlord that the leased premises are tenantable or suitable for the tenant's busines, but a lease of a building in course of construction implies a warranty that it shall be fit for use at the commencement of the term. A landlord is not bound to make repairs during the term of a lease unless by special agreement, unless he be the owner of an apartment house leased, in which case he is bound to keep in repair the pipes used in common by the tenants. Neither can a tenant, without a special agreement with the landlord, make repairs at the landlord's expense. In the absence of an agreement whereby the landlord is to make repairs, the tenant is required to make ordinary repairs-that is, repairs he deems necessary for his enjoyment of the premises. A lease may contain such covenants as to repairs, etc., as the parties agree upon, whereupon the parties will be bound to perform such covenants, or be liable for such damages as the other suffers from a default. 7. Injury to or destruction of building.-If a building leased or occupied, is destroyed or so injured by the elements, or from any other cause, as to be untenantable and unfit for occupancy, in the absence of an agreement in writing to the contrary, the lessee or occupant may, if such injury or destruction occurred without his or her fault or neglect, quit and surrender possession of the premises, and will not be liable for any rent from the time of such surrender. Rent accrued to such time however must be paid. The injury or destruction contemplated, must be the result of some sudden or unexpected action, and not the result of ordinary and gradual deterioration and decay. 8. Terminating tenancy.-A tenant is required to vacate at the termination of the lease, and no notice to quit is required to be given where the landlord and tenant have, by mutual agreement, fixed the terms when the lease is to expire. A mere vacating on the part of the tenant at the end of the term terminates the relation between the parties and all obligations growing out of it. A lease, for illustration, to "May 1st," expires at midnight of April 30, next, but a lease for one year from May 1st, expires at noon on the first day of the following May, or at noon on May second, if the first falls on Sunday. A rental by the month or a tenancy at will or sufferance can be terminated only by giving to the tenant one month's, or thirty days, notice to quit and surrender. In the case of tenancies by the month, the notice must have reference to the end of a month—that is, a tenant cannot be required to vacate prior to the expiration of his monthly term. In the case of a tenancy at will or sufferance, the notice must be written, and must fix the time when the tenant is required to vacate. A lease by a tenant for life is terminated at his death. Foreclosure sale of the premises under a mortgage lien thereon prior to that of the tenant, if he or she is served as a party in the action, terminates the tenancy. The taking of a new lease, by the lessee, during the period of the prior one, operates as a surrender of the former. Whenever the lessee or occupant, other than the owner, shall use the premises or any part thereof, for any illegal trade, manufacture or business, the lease or agreement under which same are occupied will become void, and the landlord may enter upon such premises. The owner of such property knowingly leasing or giving possession thereof for such business, or knowingly permitting the same to be so used, is liable both severally and jointly with the tenant or tenants or occupants for damage resulting from such use. If a tenant give notice of intention to quit the premises, and does not accordingly deliver possession thereof at the time specified in such notice, he or his personal representatives will be liable to the landlord for double rent for the overtime, and the same may be recovered in the same manner as the single rent. Where, on the termination of an estate for life or for years, the person entitled to possession demands the same, and serves the required notice to quit, the tenant holding over after the time he is required to quit, will be liable to pay to the person so kept out of possession, or his representatives, at the rate of double the yearly value of the property for the time he so remains in possession, together with all damages incurred by the person entitled to possession. A special rule applies in New York city and Brooklyn, and provides that no monthly tenant shall be removed on the ground of holding over, except when the lease expires on the first day of May, unless at least five days before the expiration of the term, a written notice is served upon the tenant requiring him to surrender the premises on the day when his term expires. 8. Summary proceedings.-In either of the following cases a tenant may be removed from premises occupied by him as tenant Where he holds over after the expiration of his term, without the consent of his landlord; where he holds over, without like consent, after default in payment of rent, and a demand of the rent has been made, or at least three days notice in writing requiring either the payment of the rent or possession of the premises, has been served upon the tenant; where in any city he holds over after default in the payment, for sixty days after payable, any taxes or assessments levied on such premises which he has agreed to pay, and a demand for the payment thereof has been made, or at least three days notice in writing has been served requiring either such payment or possession of the premises; where, being in possession under a lease for a term of three years or less, he has during the term, taken the benefit of an insolvent act, or been adjudicated a bankrupt under the bankrupt law of the United States; where the premises, or any part thereof, are used as a bawdy house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal business. Also, Where the property has been sold by virtue of an execution, or upon foreclosure proceedings and the title thereunder has been perfected; where the property is held under an agreement to occupy and cultivate same upon shares, or for a share of the crops, and the time fixed for the occupancy has expired; where a person has intruded into, or squatted upon, real property, without permission of the person entitled to possession, and such occupancy has continued without permission of the latter; or, if permission was given, it has been revoked, and notice of revocation given to the person or persons to be removed. |