'LANDLORD AND TENANT, the rela tion of •refiter.•to •rentee; not necessarily of liiiiit except 'tit 'all' dWellings or industries must havejand for bnt'bf any of its ma teffil • encititibrances. ' The landlord need not be 'theibnener; he may hiMself be a lessee or tenant 'granting' occupancy 'Or use to a sub tenant. It is sufficient, that his 'title iS superior to that of the one who fields through him. The difference 'between 'the latter's' 'interest and the landlord is knb*ir re version of the latter ;,but there is r ferAbnary interest 'utrleas ', the 'grant Is Cifically'lirnited to a less vOlutiit than"tt* — ntbr'S; and 'none unleSt it is inferibr'''in rid:' "Historically,, the relation "orininifOriti the practiee'df infeuthitiorf in 'Ages; when 'all'hbldifigS were a chain of vassalships, When- eiten did homage for uorticitia•t4 theif•poSseSsibtis; itiltt no property . was he'd, by any, but" itirikk ) oteeiSti,S0 'vassal' to 'Sortie over=; kied.:"The';'fetlilal' inrideits were by the Orpitia• EmPtbreS in 1290, Tile toilet* 'tnereantile'relition of lessees' is the . 'Statute, juditial' de‘ CiSi6fia and the - c agreements of written dentraets:•'"'"> ',•''''' ' '"'•' '' ' - • ' r> ,''' 'The Oblitittions''•Of the 'coutittifing PaieS' iti(laif ' the telat ion.: The landlord. oit'his'part tritistiPrOz tett .the tenant' from airy"ether''elaliti of 'ota ' must ' net • eyiet him' or, Offer' him', I " - evicted' and."if 'he 'doe Allier ' mages..:. He is , not; however, 'tinder" a •OhligatiOn to "Opted litti ,-agairitf' violence, trespass, nuisances of other of eititsiderS'i nor 'to fitittiSh 'fiibitable 15ni,Mitikk nlitile'inipiernentS • •wherever specific quality unless specially _aigeed'"Oh. Thertdocfrine iefritniiein vroftEtve2irs .-iAditittirded to I cas)thit lassir;‘ le must ,i orni'his elusions and run his own risks. The tenant cannot question or interfere with the land lord's title, even if the latter be worthless: his own is derived from it, and must stand or fall with it. Nor does any length of oc
cupancy enable him to plead the latter in bar of the landlord's right, by the statute of limi tations, under common law; but he very gen erally can by statute after a certain period, though never till the period of his tenancy has expired. Of old the feudal tenant could do at once much more and much less than this: he could not under any circumstances get the landlord's property into his own hands, but by a legal fiction of which the law sanctioned the use (feoffment or common recovery), he could grant to a third party what he did not himself own, so that the third party could retain it ; the wrongful grantor, however, forfeited his own estate to the landlord. Statutes long since abolished these fraudulent conveyances.
The tenant must keep the premises in re pair; if he lets them go to ruin or deteriorate from non-use he is liable in damages. By common law he must rebuild premises destroyed by fire; most States of the United States abro gate this right, however. The tenant must not commit waste; but he may cut wood for fire, repairs or fencing, and if he is a tenant at will or for life he has a right to the crops.
Obligations by agreement may of course be almost anything. Stipulation of rent usually forms a part; permission to make improve ments not to be removed is most usual, some tithes obligation to make them of certain sorts; and an agreement not to assign the lease with out the landlord's permission. The landlord may agree to renew the lease or to pay for Improvements, or permit removal of fixtures, etc. An agreement to pay a reasonable rent has been held to be implied without being speci fied in the lease. All such rights and duties extend to the successors to the parties, includ ing assignees.