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other right, title, claim, or demand, of, in, or to the said premisos but thereof and therefrom shall be utterly debarred and excluded forever by these presents.
In witness, &c., (as in General Release of all Demands.)
Release of Dower, in consideration of an Annuity given in a
Will. To all persons, &c., M. N., &c., widow, relict, and residuary legah toe of J, N., late of esq.
, deceased, sendeth greeting : WHEREAS, the said J. N., in and by his last will and testament, duly signed, sealed, published, and declared in my presence, and with my approbation, bearing date — did settle and secure unto and upon me, the said M. N., an annuity of to be paid unto me half-yearly, by equal payments, in lieu and full satisfaction of the dower or thirds at common law, which I might otherwise have, claim, or be entitled unto, out of all ard every the lands, renements, and hereditaments whatsoever of my said late husband, deceased, or of, in, to, or out of the reversion or remainder, ronts, issues, and profits thereof: Now, know ye, that I, the said M. N., for and in consideration of the said annuity so secured to me as aforesaid, and in pursuance and part performance of the said last will and testament of my said late husband, do hereby declare myself fully satisfied and contented therewith, and do hereby remise, release, and forever quit-claim unto T. H., of and T. F., of
trustees, appointed in and by the said last will and testament of my said late husband, (in their actual possession and seizin dow being,) their executors, &c., all, and all manner of dower, &c., &c.
In witness, &c., (as in General Release of all Demands 1
Release of a Trust. To all, &c., A. B., &c., sendeth greeting :
WHEREAS, by indenture, bearing date made between, & There recite the deed,] in which said indenture the said A. B. doth hereby declare that his name was only used in trust, for the benofit und behoof of C. D., of : Now, know ye, that I, the said A. B., in discharge of the trust reposed in me, at the request of the said C D., have remised, released, and surrendered, assigned, and set over, and by these presents, for me, my executors and administrators, do freely and absolutely remise, &c., unto the said C. D., his executors, &c., all the estate, right, title, interest, use, benefit, privilege, and demand whatsoever, which I, the said A. B., have or may have, or claim, of or to the said premises, or of and in any sum of money, or other matter or thing whatsoever, in the snid in denturo contained, mentioned, and expressod ; # thot neither I, thu
said A. B., my executors or administrators, or any of us, at any time hereafter, shall or will ask, claim, challenge, or demand, any interest, &c., or other thing, in any manner whatsoever, by reason or means of the said indenture or any covenant therein contained, but thereof and therefrom, and from all actions, suits, and domands, which I, my executors, administrators, or assigns, may have concerning the same, shall be utterly excluded and fororor ebarred by these presents. In witness, &c., (as in General Release of all Demands.)
LANDLORD AND TENANT.
A CONTRACT from a landlord, empowering a tenant to tako possession, for a stated period, of certain property, at a stipulated rental, is called a lease or demise. It may be for a month, a quarter, one year, a term of years, for life, or at the will of either of the parties. Leases for less than a year require no written agreement; if for a longer period, they must be in writing; if for life, they rust be written, signed, sealed, and witnessed, like any other important instrument.
No particular form is needed; any instrument that conveys the property in a plain, common-sense manner, to the tenant, at a stipu. lated rent, payable monthly, quarterly. or semi-annually, as the parties may agree, is all that is required.
Where no agreement can be shown in writing for more than year, the tenant only holds the property from year to year at the discretion of the landlord.
When a person enters into possession of a property without al agreement in regard to time, it is generally held that he is a tenant from
year A tenant is responsible for taxes only when it is su stuted in the lease. Verbal promises are of no effect. A lease must speak for itself.
A lease must be delivered to the parties for whom it is intended. If it should fall into the hands of a party accidentally, without the other intending it, it would be invalid. A lease, if for a valuablo property, should be acknowledged before a Commissioner of Deeds, which does away with the difficulty frequently attending wituesses, who vory ofton cannot be found when wante:) : wherons
An authenticated document can be read in evidence without further proof.
A lease of three years or more should be recorded in the county where the property lies, to protect purchasers of real estato, against secret or fraudulent conveyances.
Unless there is a provision in the lease forbidding it, the tenant has a right to underlot as much of the property as he pleases, 80 long as his lease runs. A mere tenant at will, however, cannot underlet.
A married woman cannot make a lease even of her own prop• orty; for her husband has sole control over her estate during his life, and he alone can demise it. Such leases are binding on her, however, only during the life of her husband.
A minor cannot make a lease for which he can be held on reaching his majority; it will bind the lessee, however, until the minor sees fit to release him. But if he receives the rent after his twentyfirst
year, he thereby ratifies the lease, and becomes bound for its provisions. A guardian can give no lease that shall extend beyond the majority of his ward. A minor can become a lessee, but he is privileged to give it up when so disposed; he can hold the landlord, however, if he so desires. A married woman cannot loase property; yet, if she occupies a house, her husband will be liable to the landlord for the rent.
Where there are no writings the tenancy commences from the day the tenant takes possession. Where there are writings and the time for the commencement of the tenancy is not stated, it will be considered as having begun at the time the writings were de livered.
A lease for a term of years, without mentioning the number, is good only for two years.
When a landlord consents to receive a substitute, the first ton Aut is released.
A new lease invalidates a foriner one.
A lease by a mortgager is good only so long as the mortgageo re frains fr m foreclosing the mortgage.
When a landlord executes a lease on verbal misrepresentation, the tenant can reavver a doduction from the rent for the fraud.
A lease for a farm will be invalid at the end of twelve years, if any rent or service of any kind is reserved.
A tenancy at will may be terminated in the eastern states by giving the tenant three months' notice in writing; in the middle and southern states by six months ; in the western states by one month. A tenant is also free to notify the landlord of his intention to quit the premises; if he fail to relinquish possession at the time mentioned in his notice he will be liable for double rent.
Where occupancy is for a short period—a week, for instanco, a month, or a quarter—the length of the notice to quit must be regulated by the letting; as a week's notice for a week's letting and a month's notice for a month's letting.
A landlord can no longer distress for rent in New-York, the law authorizing it having been abolished.
When the right of re-entry is reserved, such re-entry may bo made at any time after default in the payment of the rent, by previously giving the tenant, or his legal representatives, fifteen days' notice to that effect.
A tenant or under tenant may be removed by an order from any Judge of the county courts or by any Justice of the Peace of tho town or city in which the premises are situated.
Rent may be collected by action, after the summary removal of the tenant
in the year
Agreement for a Lease. This agreement, made this
day of eighteen hundred and sixty, between A. B. of - and C. D., of said city, merchant, witnesseth, That A. B. agrees, by indenture, to be executed on or before the
next, to demise and let to the said C. D., a certain house and lot in said city, now or late in the occupation of E. F., known as No.-, in strost, to hold to the said C. D, his executors, administrators, and assigre, from the
aforesaid, for ‘and during the term of three years, at or under the clear yearly rent of able quarterly, clear of all taxes and deductions except tho ground rent. In which lease there shall be contained covenants on the part of the said C. D., his executors, administrators, and assigns, to pay the rent, (except in case the premises are destroyed by fire, the rent is to cease until they are rebuilt by the said A. B.,) and to pay all taxes and assessments, (exoept the ground rent;) to repair tho premises, (except damages by fire ;) uot to carry on
any offensive business on the same, (except by written permission of the said A. B. ;) to deliver the same up at the end of the term, in good repair, , except damages by fire, aforesaid ;) with all other usual and reasonable covenants, and a proviso for the re-entry of the said C. D., his heirs and assigns, in case of the non-payment of the rent for the space of fifteen days after either of the said rentdays, or the non-performance of any of the covenanta. And there shall also be contained covenants on the part of the said A. B., bis heirs and assigns, for quiet enjoyment; to renew said lease at tho expiration of said term, for a further period of twenty-one years at the same rent, on the said C. D., his executors, administrators, or assigns, paying the said A. B., his executors, administrators, or assigus, the sum of five hundred dollars, as a premium for such renewal; and that in case of an accidental fire, at any time during the term, the said A. B. will forth with proceed to put the premises in as good repair as before such fire, the rent in the meantime to cease. And the said C. D. hereby agrees to accept such lease on the terms aforesaid. And it is mutually agreed, that the cost of this agreement, and of making and recording said loase, and a counterpart thereof, shall be borne by the said parties equally.
As witness our hands and seals, the day and year first above written. In presence of
A. B. (L. 8.) J. S.
C. D. (L. B.)
Landlord's Agreement of Lease. This is to certify, that I have, this
1860, let and rented unto Mr. C. D., my house and lot, known as No. -, in
street, in the city of - with the appurtenances, and the sole and uninterrupted use and occupation thereof, for one year, to rommenco the
next, at the yearly rent of dollars, payable quarterly, on the usual quarter-days; rent to ceaso in case the premises are destroyed by fire.
Tenant's Agreement. This is to certify, that I have hired and taken from Mr. A. B., his house and lot, known as No. 6, in street, in the city of
with the appartenances, for the term of one year, to comnence the first day of next, at the yearly rent of dollars, payable quarterly on the usual quarter-days. And I do hereby promise to make punctual payment of the rent in manner aforesaid, except in case the premises become untenantable from fire or any other cause, when the rent is to cease ; and do further promise to quit and surrender the premises, at the expiration of