TENANT AND LANDLORD. The word tenant, in the more limited legal sense, which is also the popular sense, is one who holds land under another, to whom he is bound to pay rent, and who is called his landlord. The word Land means not only land itself, but also all things, such as buildings, houses, woods, and water, which may be upon it. Any one who has an estate in land, provided he is also in possession. may let the land to another. Where the letting takes place by an express contract between the parties, the contract is called a Lease, the nature of which is explained generally under LEASE. The loss of a lease will not destroy the tenancy, provided the previous existence and the terms of it can be proved.
But the relation of landlord and tenant may be created otherwise than by a formal lease. If one man with the con sent of another occupies his land, a con tract of letting is assumed to have been made between them, and the occupier becomes tenant to the owner. Such tenants are considered to be upon the same footing as if the lands had been let to them for a year dating from the com mencement of their occupation. At the end of the first year, a second year's tenancy begins, unless six months' notice of the intention to determine the contract has been given by either party to the other, and so on from year to year. The same rule of law applies to cases where a tenant continues to occupy land after the expiration of a lease made by deed ; but in this case all the covenants of the ex pired lease as to payment of rent, repairs, insurance, and the like, are in force un less the lease is cancelled by destroying the seal; and even if there should be a verbal agreement for a different rent, still the old covenants subsist, unless the lease is cancelled. [DEED.] Besides tenancies for fixed periods, a tenancy may exist at Will and by Suf ferance. [ESTATE.] The law as to land lord and tenant generally applies, so far as it is not restricted or varied by the particular circumstances of a contract be tween the parties, and so far as the cir cumstances render it applicable, to the case of the letters and occupiers of lodgings.
In every case where the relation of landlord and tenant exists, either by express or by implied contract, certain terms are implied by law to have been agreed upon by the parties as forming part of the contract. It is of course in the power of the parties, where the con tract is express, to qualify these terms so implied by the language of the contract itself. But it may be observed that as these terms are comprehensive in their nature, and distinctly understood in law, the interests of parties are often better consulted by leaving them to the general protection afforded by these implied terms than by attempts to define by enu meration in detail the respective rights and duties of the landlord and tenant. The terms implied on the part of the landlord are, that the tenant shall quietly enjoy the premises without let or hin-, drance from the landlord ; on the part of the tenant, that he will pay rent, keep the premises in repair to a certain extent, as hereafter mentioned, and use the land, &c. in a fair and husbandlike manner.
When the landlord is himself tenant of the premises to a superior landlord, and neglects to pay his rent, and the oc cupying tenant is called upon to pay it to the superior landlord, he may do so, and set it off against the rent due from him to his own landlord. If a tenant has covenanted without exception or re serration to pay rent during the term for which the lease has been granted to him, he will be bound to pay it even if the premises should be destroyed by fire or other casualty. If he should have as his lease to another and ceased to be in possession, he will still remain liable under his covenant to pay rent.
The rules of law as to the repairs of premises may be determined by the terms of the lease. If they are not determined by the terms of the lease, they are some what uncertain and depend on a variety of circumstances, which are laid down in law treatises.