Where a fixed rent has been agreed upon, has become due, and is neither paid nor tendered, the landlord, with certain exceptions, can distrain growing crops, any kind of stock, goods, or chattels, upon the premises, or pasturing any common enjoyed in right of the premises, whether such things are the actual property of the tenant or not ; and if the rent remains unpaid, he may sell them. It follows from this general rule that a landlord can distrain on the goods of a lodger who occupies under his tenants [Dtsruess ; RENT.] A tenant ceases to be so if he incurs a forfeiture, which may arise either by a breach by the tenant of one of those conditions which are implied by or attached to the relation of landlord and tenant, as where a tenant disclaims or impugns the title of his landlord by acknow ledging, for Instance, the right of property to be vested in a stranger, or emerts a claim to it himself, or by a breach of a condition which is expressly introduced into the lease, the breach of which is to be attended with a forfeiture of the tenancy, as a condition to pay rent on a particular day, to cultivate in a particular manner, fie. To this head may lie referred provisoes in a lease for re-entry by the landlord on the doing or failure in doing of certain acts by the tenant, awls as the commission of waste, the failure to repair, &c. The courts are said to be unfavourable to forfeiture* ; therefore, when the Landlord has notice of an act of forfeiture, or an act which entitles him to re enter, he must immediately proceed in such a way as to show that he intends] to avail himself of his strict legal right. If after the commis sion of the act he does anything which amounts to a recognition of the teuancy, as by the acceptance of rent subsequently due, he will have waive) his right to innist upon the forfeiture.
A yearly tenancy, where no period of notice is agreed on, must be determined by a nutiee to quit at the expiration of the current year, given six months previously. In the case of lodgings, the time, when ION than a year, for which they arc taken, will be the time for which a notice is necessary. Thus lodgings taken by the month or week require a month's or week's notice.
The notice to quit need not be in writing, though, from the greater facility of proving it, a written notice is always better. It should distinctly describe the premines, be positive in its announcement of an intention to quit or require possession, be signed by the party giving it, and served personally upon the party to be affected by it.
If a tenant, after having given notice to quit, continues to occupy, be is liable to pay double rents If ho doe. so, no filed> notice is necessary. i if he continues to occupy after tho landlord hoe given him notice, he is liable to pay double value for the premises.
At the expiration of the lease, the tenant Is bound to deliver up tomer...ion of the premixes; but If either by special agreement or by the custom of the country time tenant is entitled Lii the crops still standing on the land, and which are called away-going crops, he may enter for the purpose of gathering them, and also use the darn and stables for the purpose of threshing them. The In-coming tenant may Sub enter during the tenancy of the preceding tenant to plough and prepare the land.
If the tenant refuses to deliver the possession of the Land, the land lord may bring an action of ejectment. [Hess ; Kamer:sr.]