ment in writing, sufficient to pass title to real estate, her inchoate right of dower in any specific real property theretofore owned by him, or generally in all such real property, and such as he shall thereafter acquire. Derivation: Real Property Law, § 186. § 207. Married woman may release dower by attorney. A married woman of full age may release her inchoate right of dower in real property by attorney in fact in any case where she can personally release the same. Derivation: Real Property Law, § 187. 1 ARTICLE 7. LANDLORD AND TENANT. SECTION 220. Action for use and occupation. 222. When rent is apportionable. 223. Rights where property or lease is transferred. 224. Attornment by tenant. 225. Notice of action adverse to possession of tenant. 226. Effect of renewal on sub-lease. 227. When tenant may surrender premises. 228. Termination of tenancies at will or by sufferance, by notice. 229. Liability of tenant holding over after giving notice of intention to quit. 230. Liability of tenant holding over after receiving notice to quit. [Repealed.] 231. Lease, when void; liability of landlord where premises are occupied for unlawful purpose. 232. Duration of certain agreements in New York. § 220. Action for use and occupation. The landlord may recover a reasonable compensation for the use and occupation of real property, by any person, under an agreement, not made by deed; and a parol lease or other agreement may be used as evidence of the amount to which he is entitled. Derivation: Real Property Law, § 190. § 221. Rent due on life leases recoverable. Rent due on a lease for life or lives is recoverable by action, as well after as before the death of the person on whose life the rent depends, and in the same manner as rent due on a lease for years. Derivation: Real Property Law, § 191. § 222. When rent is apportionable. Where a tenant for life, who shall have demised the real property, dies before the first rent day, or between two rent days, his executor or administrator may recover the proportion of rent which accrued to him before his death. Derivation: Real Property Law, § 192. § 223. Rights where property or lease is transferred. The grantee of leased real property, or of a reversion thereof, or of any rent, the devisee or assignee of the lessor of such a lease, or the heir or personal representative of either of them, has the same remedies, by entry, action or otherwise, for the nonperfor mance of any agreement contained in the assigned lease for the recovery of rent, for the doing of any waste, or for other cause of forfeiture as his grantor or lessor had, or would have had, if the reversion had remained in him. A lessee of real property, his assignee or personal representative, has the same remedy against the lessor, his grantee or assignee, or the representative of either, for the breach of an agreement contained in the lease, that the lessee might have had against his immediate lessor, except a covenant against incumbrances or relating to the title or possession of the premises leased. This section applies as well to a grant or lease in fee, reserving rent, as to a lease for life or for years; but not to a deed of conveyance in fee, made before the ninth day of April, eighteen hundred and five, or after the fourteenth day of April, eighteen hundred and sixty. Derivation: Real Property Law, § 193. § 224. Attornment by tenant. The attornment of a tenant to a stranger is absolutely void, and does not in any way affect the possession of the landlord unless made either: 1. With the consent of the landlord; or, 2. Pursuant to or in consequence of a judgment, order, or decree of a court of competent jurisdiction; or, 3. To a mortgagee, after the mortgage has become forfeited. Derivation: Real Property Law, § 194. § 225. Notice of action adverse to possession of tenant. Where a process or summons in an action to recover the real property occupied by him, or the possession thereof, is served upon a tenant, he must forthwith give notice thereof to his landlord; otherwise he forfeits the value of three years' rent of such property, to the landlord or other person of whom he holds. Derivation: Real Property Law, § 195. § 226. Effect of renewal on sub-lease. The surrender of an under-lease is not requisite to the validity of the surrender of the original lease, where a new lease is given by the chief landlord. Such a surrender and renewal do not impair any right or interest of the chief landlord, his lessee or the holder of an under-lease, under the original lease; including the chief landlord's remedy by entry, for the rent or duties secured by the new lease, not exceeding the rent and duties reserved in the original lease surrendered. Derivation: Real Property Law, § 196. § 227. When tenant may surrender premises. Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and he is not liable to pay to the lessor or owner, rent for the time subsequent to the surrender. Derivation: Real Property Law, § 197. § 228. Termination of tenancies at will or by sufferance, by notice. A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may reenter, maintain ejectment, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit. Derivation: Real Property Law, § 198. § 229. Liability of tenant holding over after giving notice of intention to quit. If a tenant gives notice of his intention to quit the premises held by him, and does not accordingly deliver up the possession thereof, at the time specified in such notice, he or his personal representatives must, so long as he continue in possession, pay to the landlord, his heirs or assigns, double the rent which he should otherwise have paid, to be recovered at the same time, and in the same manner, as the single rent. Derivation: Real Property Law, § 199. § 230. Liability of tenant holding over after receiving notice to quit. (Repealed by L. 1920, ch. 138, in effect April 1, 1920.) § 231. Lease, when void; liability of landlord where premises are occupied for unlawful purpose. 1. Whenever the lessee or occupant other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied. 2. The owner of real property, knowingly leasing or giving possession of the same to be used or occupied, wholly or partly, for any unlawful trade, manufacture or business, or knowingly permitting the same to be so used, is liable severally, and also jointly with one or more of the tenants or occupants thereof, for any damage resulting from such unlawful use, occupancy, trade, manufacture or business. Derivation: Real Property Law, § 201; Subdivision 1, L. 1873, ch. 583, § 1. § 232. Duration of certain agreements in New York. An agreement for the occupation of real property in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of October next after the possession commences under the agree ment. (Amended by L. 1918, ch. 303; L. 1920, ch. 130, in effect April 1, 1920.) Derivation: Real Property Law, § 202. |