23. In addition to the several methods of putting an end to a tenancy already men tioned, we may add that it is, of course, com petent for a tenant to surrender his lease to the landlord ; or if the subject-matter of the lease w7zolly perishes, or is required 'to be taken for public uses, or if the premises are converted into a house of ill fame, or tho tenant disclaims to hold under his landlord and therefore refuses to pay his rent, asserts the title to be in himself or unlawfully attor ney to another, the tenancy is at an end, and the landlord may forthwith resume the pos session. 7 Wend. N. Y. 210 ; 24 id. 454 ; 3 Maule & S. 270 ; 5 Ohio, 303; 11 Mete. Mass. 448 ; 1 Esp. 13 ; 13 Pet. 1 ; 3 A. K. Marsh, Ky. 247; 10 Ill. 41 ; 20 Penn. St. 398 ; 6 Yerg. Tenn. 280.
24. After the tenancy has ended, the right of possession reverts to the landlord, who may re-enter upon the premises if he can do so without violence. But if the tenant holds over and the landlord takes possession for cibly, so as to endanger a breach of the peace, he runs the risk of being punished criminally for a forcible entry (see FORCIBLE ENTRY and DETAINER) as well as of suffering the conse quences of an action of trespass. The land lord should, therefore, in all such cases, call in the law to his assistance, and receive pos. session at the hands of the sheriff.
The tenant, on his part, is bound quietly to yield up the possession of the entire pre mises, although he still retains a reasonable right of egress and regress for the purpose of removing his goods and chattels. And for a refusal to perform this duty he will be subjected to all the statutory penalties of holding over. 1 Add. Penn. 14, 43 ; 10 Mass. 409; 8 Term, 357; 1 Dev. & B. No. C. 324 ; 5 Carr. & P. 201 ; 1 Mann. & G. 644; 1 Watts & S. Penn. 00 ; 13 Johns. N. Y. 235 ; 9 Vt. 352 ; 1 Strobh. St). C. 313. He may, also, in certain cases, take the emblements or annual profits of the land after his tenancy is ended (see EMBLEMENTS), and, unless re stricted by some stipulation to the contrary, may remove such ,xtures as he has erected during his occupation for his comfort, conve nience, or profit. See FIXTURES.
25. The ordinary common-law remedy by whie,h a landlord proceeds to recover the pos session of his premises is by an action of ejectment, which is strictly a possessory ac tion ; and the party claiming possession must recover upon his right of entry, whether his title to the estate be in fee for life or for years. 7 Johns. N. Y. 227; 2 Yeates, Penn. 309; 3 Bingh. 203. The tenant is never per mitted, for reasons of sound public policy, to controvert his landlord's title, or to set up against him s, title acquired by himself dur ing his tenancy which is hostile in its cha racter to that which he acknowledged in ac cepting the demise. 10 East, 158; 3 Barnew.
& C. 413 ; 7 Term, 488 ; 5 Wend. N. Y. 246; 5 Den. N.Y. 431 ; 3 Ad. & E. 188 ; 1 Harp. So. C. 70 ; 6 Harr. & J. Md. 533 ; ,2 Binn. Penn. 472 ; 4 Serg. & R. Penn. 467.
26. But the slow- and pleasured progress of this ancient proceeding in most cases af fords a very inadequate remedy to the land lord ; and in order, therefore, to obviate the evils arising from its delays, the statutes of the different states provide a summary pro ceeding, by which a landlord may be speedily reinstated, upon notice of a day or two, in cases where a tenant abandons the premises before the end of the term without surren dering the lease, leaving rent in arrear, con tinues to hold over after the expiration of his term, or has become unable or unwilling to pay fur the use of the premises. 22 Wend. N. Y. 611 ; 4 Barnew, & C. 259 ; 10 N. Y. 35 ; 2 Ov. Tenn. 233 ; 2 Chitty, Bail. 179 ; 7 Term, 431.
See, further, on the subject of this article, Woodfall, Smith, Taylor, Archbold, Comyns, Cootes, on the Law of Landlord and Tenant; Chambers, Platt, on Leases; Washburn on Real Property.