10. Termination of leases.—Every lease ends at the expiration of its term. Prior to the end of the term leases may be terminated by a voluntary offer of sur render on the part of the tenant and an acceptance of the offer by the landlord. The tenant is liable for rent up to the time of surrender, and thereafter all obligations of the parties cease. Surrender and acceptance may be implied by the acts of the parties. For example, the tenant may vacate the premises and the landlord may enter and take possession. The re-entry by the landlord may be for the purpose of protecting the property, and yet it may be construed as an acceptance of a surrender. For the protection of the landlord the lease should provide that if the premises become vacant he may resume possession for the account of the tenant, and that the- tenant shall remain liable for the rent until the end of the term.
The lease may be terminated and the relation of landlord and tenant severed by a breach in the cov enants or conditions of the lease. The conditions may be divided into two classes, those for which the landlord can dispossess the tenant by a summary pro ceeding, and those for which he cannot dispossess. A tenant can be dispossessed for any one of three causes.
First :—Holding over after expiration of term.
Second :—Non-payment of rent, or for non-pay ment of .taxes and other charges, if the tenant has agreed to pay such charges.
Third :—Unlawful use of the premises.
For the breach of any other covenants of the lease, the landlord is not entitled to dispossess a tenant sum marily but to obtain possession he must sue the tenant in a lengthy and expensive ejectment action. Leases can be drawn in a manner that will avoid this, how ever.
For example, the tenant may covenant to make certain repairs. A provision can be made that if he fails to do so the landlord may make and charge the cost to the tenant as additional rent, payable with the next instalment. Failure to pay the charge then gives the landlord the right to dispossess the tenant. It may be provided also that if there is a breach by the tenant in other covenants, the landlord may elect to terminate the lease. After such a breach and no tice-to-quit the landlord may proceed against the tenant as against the hold-over. All conditions that can be settled by the payment of money may be put in such form that the amount is made as a charge of additional rent, and all other conditions can be made conditional limitations in the term of the lease. The ordinary 'short-term lease is drawn in simple language, however, and complicated clauses of the kind mentioned are used only in long-term leases of valuable property.
11. Dispossess proceedings.—Dispossess proceed ings are brought in courts of minor jurisdiction. They are usually commenced by a petition to the court by the landlord setting forth the tenancy and the fail ure of the tenant to pay the rent and asking for a dis possess warrant. The tenant is served and given an opportunity to appear in court and answer. Judg ment is nearly always in favor of the landlord and the warrant is issued. If the tenant fails to move, a pub lic official physically removes the tenant and his be longings from the premises. The warrant is some
times stayed by the court for a short time, as a matter of compassion.
In some states there is a law allowing the tenant to pay up the back rent after dispossession and to redeem the premises, providing the lease has a certain number of years to run. Long-term leases usually contain a clause whereby the tenant expressly waives the right of redemption. The dispossess then terminates the lease absolutely. In certain provinces of Canada somewhat similar proceedings are taken. A demand of possession is first served on the tenant, and if he refuses to comply, an application is then made to a judge who appoints a time to determine whether the person complained of was tenant for a term or period which has expired, or been determined, and whether the tenant holds against the right of the landlord and wrongfully refuses to go out of possession, having no right to continue. Evidence is then taken and the matter decided summarily.
12. Obligations of landlord and ob ligation of a landlord is to secure the tenant in pos session of the property he has leased, and to protect him in that possession. The obligation of the ten ant is reciprocal. He must protect his landlord's in terests and give him prompt notice of all matters of which he learns by reason of his occupancy which affect that interest. He may not recognize any per son as landlord or pay rent to any person who claims hostility to the maker of his lease. The tenant must be loyal to his landlord and is liable for damages if he breaks that obligation.
Unless there is an express covenant in the lease, there is no obligation on the part of the landlord to make repairs. Repairs frequently are made by land lords as a matter of expediency and in order to retain their tenants, but usually landlords cannot be com pelled to make them. Unless otherwise agreed the tenant does not have to make any permanent repairs, but he must commit no waste upon the premises. He can let the premises go along in ordinary wear-and tear until they are worn out so long as he does not commit actual waste.
If by reason of some act or omission of the landlord, the tenant is not accorded the occupancy of the prem ises, or if the premises are not kept so that they can be used for the purpose for which they were hired, there may be a constructive eviction of the tenant which would release him from his obligation to the landlord. Such would be the case where the tenant hired a steam-heated apartment and no heat was sup plied. The apartment could not be used for living purposes and the tenant could move. He must take advantage of the landlord's failure at the actual time it occurs, however. In the instance given, if heat were supplied later, the tenant could not then move and allege the former unsatisfactory condition as an excuse.
In some states a lease terminates if there is a fire on the premises which renders it untenantable. If there is no such law, or if there is a provision to the con trary in the lease, the tenant remains liable notwith standing the fire. If he has the option to remove, he must do so promptly, or his liability on the lease re mains.