Sidor som bilder

In the state of Rhode Island the statute declares that leases of premises used by the tenant as a house of ill-fame, resorted to for prostitution, lewdness, or for illegal gaming, or for a grog-shop, tippling-shop, or for the illegal sale or keeping of intoxicating liquors, or where intemperate, idle, dissolute, noisy or disorderly persons are in the habit of resorting, shall be void, and the owner may thereupon recover possession of such demised premises in the same manner as though the tenant was holding over after the expiration of his term. (Revised Statutes, ch. 73, secs. 1, 4, and ch. 216, sec. 7.)

The statute further provides that tenants of lands or tenements at will or by sufferance, shall quit upon notice in writing from the lessor or owner, at the day named therein. Tenants by parol, of house, tenement or messuage, or of farm and farming lands from year to year, must quit upon notice in writing from the lessor or owner, given at least three months prior to the expiring of the occupation year, and tenants by parol of the same species of real property, for any term less than a year, must quit upon notice in writing from the lessor or owner, given at least half the period of the terin, not exceeding in any case three months prior to the expiration of the same, at any return thereof.

A tenant may terminate leascs at will in the same manner and on the same terms as are prescribed for the lessor or owner. The time named in a definite written lease will be the time of the termination thereof for all purposes; and if no time is named, then the same is deemed a letting from year to year, and must be terminated by the like notice to quit, as in case of letting by parol.

If rent is in arrear for the period of six months after demand made of the same of the tenant or his assigns by the lessor or person entitled to the reversion, the landlord or reversioner may re-enter and re-possess himself of the lands or premises demised, and on the termination of any lease or tenancy in the manner prescribed, the lessor or owner of the lands demised may recover the same by the ordinary process of ejectment. (R. S. ch. 205.)

In the state of Connecticut it is provided by statute, that whenerer the lessee or tenant of any house, room, or tenement, shall be convicted of keeping a house of ill-fame, resorted to for the purposes of prostitution, or lewdness, in such house, room, or tenement, or of a violation therein of any law against gaming, the lcage or contract for letting said house, room, or tenement, shall

[ocr errors]

thereupon be void; and the lessor may recover possession of the premises by due process of law, and no notice to quit possession is required.

The statute further declares, that, whenever a lease of any lands, dwelling-house, or other building, or of any apartments in such house or other building, in writing, shall contain any agreement of the parties thereto, whereby notice to quit possession is waived by the lessor, the notice prescribed to be given in certain other cases need not be given. The provision for terminating a lease by notice, is as follows: Whenever a lease of any land, dwelling-house, or other building, whether the same be in writing or by parol, shall terminate by lapse of time, or by reason of any express stipulation thereof, and the owner or lessor shall desire to obtain possession of the same at the termination of the lease, or at any subsequent time, he must give notice to the lessee to quit possession of said land, house, building or apartment, at least thirty days before the termination of the lease, or before the time when the lessee shall be required to quit possession; which notice must be in writing, and the form of it is prescribed by the statute. (General Stat. 1866, tit, 1, ch. 15, SS 350, 356, 358.) The statute of summary process of Connecticut recognizes no other termination of leases than such as is effected by force of the contract itself. It supersedes none of the common law remedies of the landlord, except in respect of the notice to quit, and the power of procedure by action, so that the question whether the tenant's rights have ceased, must be settled according to a coinmon law interpretation of the lease. The statutes with regard to the recovery of leased premises, except in the specific remedy they provide, and the notice to quit prescribed, do not dispense with the requirements of the common law on the subject. (Bowman v. Foot, 29 Conn. R. 331.) It has been held, that a lease, to hold from the first day of April from year to year, so long as both lessor and lessee should agree, is not necessarily a lease for more than one year. Where a lease is made to run from the first day of April for one year,

the courts hold, that the first day of April is not to be excluded, but the term commences on that day; and the lease expires on the 31st day of March of the year following, although the lessce has the right to remain in possession all of that day; he has no right to remain longer. A notice to quit on the 31st day of March, is therefore good. (Fox v. Nathans, 32 Conn. R. 348.)

Although, by the express provisions of the English statute, 29 Car. 11, a parol lease, for a period not exceeding three years, is valid, yet a parol executory lease, though for a shorter time than three years, is entirely void. But ander the statutes of Connecticut, a parol lease, whether for one year, or for a longer, or shorter period than one year, is void. When, however, the lessee takes possession under a parol lease, he becomes a tenant at will, but, by implication, his estate is converted into a tenancy from year to year. But it is held that this rule is not to be so applied, as entirely to exclude from consideration every thing that was paid by the landlord and tenant, at the time of the letting, as to the proper rent, or proper time for leaving the premises, The Englixh rule, under which a tenant from year to year is entitled to six months' notice to quit, before the landlord can bring ejectment against him, has been superseded by the Connecticut statute, which gives to the lessor, after thirty days' notice, a summary process, where the lessee holds over his term. (Larkin v. Avery, 23 Conn, R. 304.)

The statutes of the New England states in respect to landlord and tenant, more generally relate to the manner of terminating tenancies for uncertain periods by votice to quit, and a summary process by which the landlord can regain possession of the demised premises after the expiration of the term. But probably in none of the states, is the landlord confined to the summary process provided by the statutes, to re-possess himself of his premises in case of a holding over by the tenant. He may doubtless resort to his action to recover possession of his premises in the same cases in which he may institute summary proceedings, and in some cases he can only regain possession by proceeding by action.




By the statutes of New Jersey, in all cases between landlord and tenant, as often as it shall happen that one half year's rent shall be in arrear, and the landlord or lessor to whom the same is due, has right by law to re-enter for the non-payment thereof, such landlord or lessor may, without any formal demand or reentry, serve a declaration in ejectment for the recovery of the demised premises, or in case the same cannot be legally served, or no tenant be in actual possession of the premises, then to affix the same upon the door of any


messauge, or in case such ejectment shall not be for the recovery of any demised messauge, then upon some notorious place on the lands, tenements or hereditaments comprised in such declaration in ejectment, and such affixing will be deemed legal service thereof; which service, or affixing such declaration in ejectment, will stand in the place and stead of a demand and re-entry; and in case of judgment against the casual ejector, or nonsuit for not confessing lease, entry and ouster, it shall be made to appear to the court where the suit is pending, by affidavit, or be proved upon the trial, in case the defendant appears, that half a year's rent was due before a declaration was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor or lessees in ejectment had power to re-enter, then and in every such case the lessor or lessees in ejectment may have judgment and execution in the same manner as if the rent in arrear had been legally demanded and re-entry made; and in case the lessor or lessees, his, her or their assignee or assignees, or other person or persons claiming or deriving title under the said lease, shall suffer judgment on such ejectment and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without filing any bill or bills for relief in equity, within six calendar months after such execution executed, then, and in such case, the said lessee or lessees, his, her or their assignee or assigns, and other person or persons claiming or deriving title under the said lease, will be barred and foreclosed from all relief or remedy in law or equity, other than by writ of error for reversal of such judgment, in case the same shall be erroneous, and the said landlord or lessor will from thenceforth hold the same demised premises discharged from such lease; and if no such ejectment verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsnited therein, except for the defendant or defendants not confessing lease, entry and ouster, then, and in every such case, the defendant or.


the defendant or. defendants may have and recover his, her or their full costs; provided that such provisions of the statute shall not extend to bar the right of any mortgagee or mortgagees of such lease, or any part thereof, who. shall not be in possession, so as such mortgagee or mortgagees shall and do within six calendar months after such judgment obtained and execution executed, pay all rent or arrears, and all costs and damages sustained by such lessor, or person or persons entitled to the remainder or reversion, as aforesaid, and perform all covenants and agreements which, on the part and behalf of the first lessee or lessees, are and onght to be performed.

It is further provided by the statute, that in case the said lessee or lessees, his, her or their assign or assigns, or other person or persons, claiming any right, title or interest, in law or equity, of, in or to the said lease, shall, within the time aforesaid, file one or more bill or bills for relief, in any court of equity, such person or persons shall not have or continue any injunction against the proceedings at law on such ejectment, unless he, she or they do or shall, within twenty days next after a full and perfect answer shall be filed, by the lessor or lessors of the plaintiff in such ejectment, bring into court and lodge with the proper officer, such sum and sums of money, as the lessor or lessors of the plaintiff in the said ejectment shall, in his, her or their answer, swear to be due and in arrear, over and above all just allowances, and above the costs taxed in the said suit, there to remain until the hearing of the cause, or to be paid out to the lessor or landlord on good security, subject to the decree of the court; and in case such bill or bills shall be filed within the time aforesaid, and after the execution is executed, the lessor or lessors of the plaintiff shall be accountable only for so much and no more as he, she or they shall really and bona fide, without fraud, deceit or willful neglect, make of the dernised premises, from the time of his her or their entering into the actual possession thereof; and if what shall be so made by the lessor or lessors of the plaintiff happen to be less than the rent reserved in the said lease, then the said lessee or lessees, his, her or their assignee or assignees, before he, she or they shall be restored to his, her or their possession or possessions, shall pay such lessor or lessors, landlord or landlords, what the money, so by them respectively made, fell short of the reserved rent for the time such lessor or lessors of the plaintiff, or landlord, or landlords, held the said lands.

[ocr errors]
« FöregåendeFortsätt »