3. That the party of the second part will pay all expenses incident to the drafting and recording of the deed and mortgage aforesaid; that taxes shall be adjusted to the date of the delivery of the deed. The title shall be in fee simple and unencumbered.

Witness our hands and seals,

Witness:

(Seal) . (Seal) . (Seal)

1. Define property.

QUESTIONS

2. What is corporeal property?

3. Define incorporeal property.

4. What is meant by an easement?

5. Distinguish between real and personal property. 6. What is a freehold estate?

7. Define a fee-simple estate.

8. What is an estate in fee tail?

9. Define a life estate.

10. What is an estate in dower?

11. How does an estate by curtesy differ from an estate in dower? 12. Draw a land contract for the following: Grantor, John C. Morris and Matilda Morris, his wife; Grantee, John A. Groves; Consideration, $3,000; $1,000 to be paid on the signing of this instrument, $1,000 when a warranty deed is delivered and the balance within three years from date, interest at 6%, payable annually, secured by a mortgage. Description of land. Lots one and two in Harrington's Addition to the City of Evanston, County of Cook, State of Illinois. The grantee to pay all taxes levied and to be levied.

CHAPTER XLIV

LANDLORD AND TENANT

508. Leasehold estates. Estates for year, estates at sufferance, estates from year to year and estates at will represent what is commonly called tenancies, the most important of which is the tenancy for years. In these tenancies the parties are known as landlord and tenant, or lessor and lessee. The relationship is created by the owner of real property leasing to it another.

509. Tenancies for years. A tenancy for years is one granted for a certain period of time. The word years is simply used as a unit of time. A tenancy for years may continue for a month, week or even a day. It is created by a contract called a lease, so as to begin and end at certain specified dates. The following represents a lease, with its usual provisions and stipulations:

LANDLORD AND TENANT'S AGREEMENT.

THIS AGREEMENT, Made this First day of August, 1916, between James L. Converse, Landlord, and Henry O. Harlan, Tenant.

WITNESSETH, That the said Landlord hereby rents to the said Tenant house and lot, No. 1824 Michigan Ave., Chicago, Ill., for the term of One Year, beginning on the Tenth day of August, 1916, and ending on the Tenth day of August, 1917, at Six Hundred dollars a year payable monthly in advance.

And the said Tenant hereby covenants with the said Landlord to keep the premises in good order, and surrender the peaceful and quiet possession of the same at the end of the said term, in as good condition as when received (the natural wear and decay of the property and unavoidable accidents excepted), and further, that the said Tenant will not do, suffer or permit anything to be done, in

or about the premises which will contravene the policy of insurance against loss by fire; nor use, nor permit their use, for purposes other than those of a dwelling, and will not at any time assign this agreement, or the property thus let or any portion thereof, without the consent in writing of the said Landlord or his representatives; and further, that whatever alterations or repairs the said Tenant shall be permitted to make shall be done at his own expense.

IT IS FURTHER AGREED, That if the rent shall be thirty days in arrear, the Landlord shall have the right to distrain for the same; and if the property shall be destroyed or rendered untenantable by fire or unavoidable accident, the tenancy hereby created shall be thereby terminated, and all liability for rent hereunder shall cease upon payment proportionately to the day of fire or unavoidable accident.

AND IT IS ALSO FURTHER AGREED, That this agreement, with all its provisions and covenants, shall continue in force. from term to term after the expiration of the term above mentioned— provided, however, that the parties hereto, or either of them, can terminate the same at the end of the term above mentioned, or of any time thereafter, by giving at least thirty days' previous notice thereof in writing.

IN TESTIMONY WHEREOF, the said parties have hereunto subscribed their names and affixed their seals the day and year first above written.

JAMES L. CONVERSE. (Seal)

Test: DAVID WRIGHT. HENRY O. HARLAN.

(Seal)

511. Lease. Rule: The Statute of Frauds requires all contracts not to be performed within one year to be written.

Leases extending over one year must be written, therefore, in order to enforce them. Some states have extended verbal leases to three years.

512. Rent. Rent is the compensation given for the use of property. It may be money or a part of the profits of the property, and is usually paid monthly or quarterly. In the absence of any statutory regulations or covenants, if the property should be destroyed by fire or other causes the tenant

must nevertheless continue to pay rent until the expiration of the lease. Statutory regulations usually relieve the tenant from any such responsibility. For instance, in Ohio, Maryland and other states a covenant or promise by the tenant to leave, restore, surrender or yield up the premises in good repair shall not have the effect of binding him to erect similar buildings or pay for such buildings as may be destroyed by fire or otherwise without negligence on his part unless otherwise expressly provided by written agreement, or covenant that he shall be so bound.

513. Assignment and subletting. Rule: Unless he has contracted not to do so, a tenant may assign his whole interest or sublet the premises.

If he assign his estate, he ceases to have any interest in the property, though he remains liable for the rent unless the landlord has consented to the assignment. If the landlord accepts the rent from the assignee he will be considered to have consented to the assignment. The law may bring about an assignment by the sale of the tenant's estate, or by his death.

If the lease does not contain a provision to the contrary the tenant may sublet the premises or any part of them. The grant of a tenant's whole interest is an assignment, but the grant of a part of his interest is a sublease. It has also been held that the granting of a lease for only a part of the premises for the whole of the unexpired term, is an assignment as to that part, but other courts hold this to be a sublease. A sublessee is a tenant of the first lessee and not of the landlord. If the tenant violates a provision in the lease against subletting the landlord can reenter and take possession of the property.

514. Distraint for rent. To distrain for rent is the right that the landlord has to seize and to sell the personal property found on the premises leased to the tenant to satisfy his claim for the rent that is due.

515. Renewal of lease. Rule: If at the end of the term no new lease be made, and the tenant holds over, there is an irrebuttable presumption that the old lease, with all its provisions, is renewed.

A rents a house of B for one year. At the expiration of his lease nothing is said about a renewal, but A continues to keep possession. He will be bound for another year under the terms of the former lease.

QUESTIONS

1. What is understood by leasehold estates?

2. What is a tenancy for years?

3. What should be put into a lease?

4. Does an ordinary lease come under the provisions of the statute of frauds?

5. Define rent.

6. Where a lease is silent on the question, must a tenant pay rent after the leased premises have been destroyed by fire?

7. Has a tenant the right to assign a lease?

8. May a tenant sub-lease the property?

9. What is meant by distraint for rent?

10. What is the presumption where a tenant holds over without renewing the lease?