| Show I Ar ds for Rent Limited by L Ls s by Landl-ards Landl Delinquent 1 I S BOUND TO MAKE REPAIRS AIH L IN STAnS i Rights of Tenants Property Prop Prop- I erty Holder ExI Explained Ex- Ex I 4 I. I d I Landlords to whom rent is owed m some thIngs belonging to the delinquent tenant but they can can- I the family portraits Ot or the family Bible says the National AssociatIon As- As of Real flea Estate Boards In InUs Us Its weekly bulle bulletin Un devoted today tithe matter of leases one ot of the curious phases ot of the protection which th the law establishes tOt for tIe the family In Its Intent In- In tent teat to mark a just line between the I rights ot of the man who Invests his capital in the buildings whIch other I people tent and the man who leases I. I f the th-e property for tor his home accordIng according accord accord- ing to Nathan William Macchesney r or of ChIcago general counsel for the National Association of Real Estate I Boards There is a a. give and tale take In the the- I law on leases that makes It possible ble bIe for landlords and tenants alike aUke to fl flouriSh rih For Instance a person renting lentIng structure cannot complaIn corn com plaIn after he moves In that the building not in good condItIon th th law assumes the renter will ex- ex the premises sufficiently be- be Jor plaCing his name on the dotted line Une SInce the tenant takes the pr premises as they are with willi all theIr imperfections he cannot assert a tIght to rescind the lease or defend against the claim for rent on the ground that the premIses are in unsatisfactory condition or are un- un for his purpose quotes the association from General J treatise PrInciples ot of Real Estate Law OPTIoNS HELD V VALID LID And an option In a lease giving the tenant the privilege of ng the for a certain JatEd price Is valid and enforceable it 1 15 a apart part of the lease md and is not nott fL t separate offer which can be at any time tImo before acc ac- ac c though the option must be exercised in the time designated f 11 further tIme is granted Th This s that that- thata a home occupied by a renting it and havIng In hIs lease kase an option to purchase the nome home cannot be sold to another party until the expiration of that The statutes setting forth th privileges leges ot of landlords In th the matt matter mat mat- t ter r of delinquent rent differ in the states rotates but in general land land- unable to collect their bills can can take personal property that is in the same c county In which the delinquent one resIdes with certain restrictions and exemptions In no case Can ti tle property ot of any other person m J be seIzed in such stances even though such property ma be e foun found 1 on the premises I Necessary wearing apparel Bibles s J lol books and family famil pictures ue are usually exempted The tenant also Is usually allowed to keep worth of personal property properly in ti to the value of the ar- ar tides and when the tEnant debtor lathe l b ad adof of a family and resIdes wIth Ills his family this figure is raised to These exemptIons are arc usually restricted hv the provision that the cannot I 1 I made from any mone oney salary or due to the debtor tant-debtor but must be property property prop prop- erty actually owned at th time REPAIRS EXPLAINED average tenant says General MacCh ney ln In the same sanle volume quoted above is surprised to learn that that the landlord is not bound to tomake tomake make repairs without an express rl the lease to that effect Under an express clause to repair t te e landlord would have to restore the condition of the premises regardless re- re of the injury whether by 1 tornado Ot flood In man many states by statute the landlord is required to keep tho leased premises in rca rea- I repair even In tho absence in inthe the lease to the eon con ary In other words In such stich tho landlord mUst make repaIrs re- re paIrs even should le he insert in his lease a L clause saying ho will not do SOt aoL But If the tenant i. i Lt not protected protected pro pro- b by the laws in his state in inthis inthis this regard h hEl should protect him him- the contingency ot of In- In tj ry to or destructIon of the buIld buIld- he Is leasIng by having a provision pro pro- vision Inserted I In the lease to the effect that lie he is i. riot to pay rent In Incase incase case of the destruction of the Or r pa partial I destruction of them It If repairs are not made within within with with- in a a. reasonable length ot of time A claUse in a lease not to carry en a particular business on the leas d premIses or not to carry carryon on any business except a busIness I named in the thc lease is bindIng and may be enforced by the landlord When the mode of oc on Is I fixed by tile lease or when the Ule Intention intention In- In of the parties to confine the leased premises to a particular use use may be Implied from the I words of the lEase then the tenant may be stopped by Court action from flom usinI the property for other ther purposes i The cannot enforce any ot of the covenant ot of the original lease against It subtenant because lie he has no obligation to j the landlord I I Upon o th the term of I the lease the law fixes on the tenant tenant ten ten- ant the duty duh of vacating the leased premIses and upon failure to LO o so the tenant becomes subject to a penalty This duty Is usually Incorporated In In- in an express or clause ot of the lease itself If a tenant holds over at the end ot of his term it does docs riot not renew the term but it does give the landlord an option to renew the tiie tern term Thus when a tenant after the expiration of a a. I 1 term fixed by the lease at one year ear or less Jess continues continues- to occupy the leased premises without any new agreement this may at the option of the landlord b be considered a renewal of tIle the expired lease for a a. alike like period and upon like terms Where the tenant holds over ovet that thatIs Is sta stays s 's beyond the termInation ot of the lease the landlords landlord right to insist o or t th E continuance of the theten tenancy ten ten- ancy is unaffected by by- bythe the tenants tenant's refusal to the lease or the giving of notice that lie expects to vacate within a feW da days daysOn s 's On the other hand a holding over of a tenant because or of de death th or extreme ex- ex trenie sickness at the lease expires WIll not the landlord to consIder a tenant In such circumstances circumstances cir cir- as a a. tenant for a L new term But the me mere e fact that the landlord takes no steps after the l lease expires by its ils own own terms to i regain Possession of the leased quarters cannot carnot be regarded as s an anac ac act from whIch an inference of a anew anew I new tenancy can can be drawn In other words in such a situation the tenant tenant ten ten- ant stayIng over ver be beyond ond the date of I termination of his lease can be held for for renewal by by the landlord but Ir if such a tenant stays and does not hear from tile the landlord this does docs not mean that the tenant can have havea a renewal In order for the tenant In such a case to claim tenancy tenancy tile landlord must recognize the tenancy tenancy ten ten- ancy LS as existing for instance his act of re receiving rent implies such assent to contInuance or of tile the lease It all comes down to whether you you want to stay or 01 not It If you dont don't want to stay you OU had better vacate on or before the date of the l lease aso expiration If you ou do want to sta stay OU must get the landlord to nize you OU as a continuing g t tenant nant |
