Entered, according to Act of Congress, in the year 1848,

BY I. R. Butts,

in the Clerk's Office of the District Court of the District of Massachusetts.

This work is divided into Four Parts, as follows:1.-THE COMMON LAW RELATING TO LANDLORD AND TENANT. 2. THE COMMON LAW IN RELATION TO DIVISION FENCES, WALLS, NUISANCES, PRIVATE WAYS, ETC.

3. THE STATE LAWS RELATING TO LANDLORD AND TENANT. 4.-FORMS OF LEASES, GUARANTEES, ASSIGNMENTS, SURRENDERS, NOTICES TO QUIT, ETC., ETC.

CONTENTS.

DIRECTIONS TO THE READER.

[The first part of this work is occupied with a statement of the RIGHTS AND LIABILITIES OF LANDLORD AND TENANT under the common law, which prevails in all the States, excepting Louisiana, where the civil law obtains. To ascertain the law respecting any question that may arise, first examine the principles of the common law as here stated, then turn to the statutes of your own State (which will be found in the last part of this work,) and see if there is any statute law affecting the subject, if not, follow the common law,-if there is, follow the regulation of the statute.]

LAWS IN RELATION TO DIVISION FENCES, PARTY WALLS,

INTRODUCTION.

THE relation between Landlord and Tenant exists wherever there is a contract for the possession and profits of lands, or tenements, for a determinate period, on the one side; and a recompense by payment of rent, or some reciprocal consideration, on the other.

The contract is called a Lease or Demise; and is a species of conveyance to a person either for one thousand, one hundred, ten, or any other number of years, months or days. Any words are sufficient which explain the intents of the parties; and whether such words run in the form of a license, covenant, or agreement, they will, in construction of the law, amount to a lease as effectually as if the most proper and pertinent words had been used for the purpose.

A TENANCY FROM YEAR TO YEAR

Occurs where the premises are let without any limitation as to the time the tenant is to occupy them. This species of estate, in olden times, was called a tenancy at will, from the fact that it might be put an end to at any time by either party. The inconvenience and injustice of suffering the estate to be determined at the will of either party, early induced the courts to decide that, where an annual rent is reserved, though no certain term is agreed on, the estate shall be construed to be a tenancy from year to year; and that each party is bound to give reasonable notice of an intention to terminate the tenancy. If the tenant be placed on the premises, without any terms prescribed, or rent reserved, and as a mere occupier, he is strictly a tenant at will.

Six months' notice on either side, and ending at the expiration of the year, is necessary, by the common law, to determine a tenancy from year to year. This rule of six months' notice prevails in many of the States, and in others the courts require reasonable notice to be given. Nearly all the States now have statutes regulating the time of notice, and landlords and tenants must refer to the statutes of their respective States for the rule.

[The statutes of the several States are to be found in the last part of this work.]

In the city of New York, if lands or tenements be occupied without any specified term of duration, the occupation is deemed valid until the first day of May next after the possession, under the agreement, commenced; and the rent is deemed payable at the usual quarter days, if there be no special agreement to the contrary.-1 N. Y. R. S. 744.

A tenant from year to year is, of course, liable for voluntary waste committed by him. And, to a certain extent, he is liable for permissive waste; for he is bound to make ordinary tenantable repairs — such as to keep the house wind and water tight, and to repair windows and doors broken by him; but he is not bound to make lasting repairs. If, however, the house be in want of substantial repairs, or be otherwise unfit for occupation, the tenant is not bound to repair, and may quit without paying rent.-5 Carr. & P. 230; 7 D. & R. 117; 1 Mov. & Rob. 112.

A TENANCY AT WILL

Continues, according to the old law, during the pleasure of the parties. In modern times, the Courts require either party desirous of terminating the tenancy, to give reasonable notice of his intention. Most of the States have statutes regulating the time of notice, and landlords and tenants must refer to the statutes of their respective States for the rule. Where there is no statute regulation, a reasonable notice must be given, as, where the rent is payable quarterly, three months' notice; if monthly, one month's notice, &c. For the purpose of notice to quit, a tenancy at will is treated by the Courts as a tenancy from year to year; but in every other respect it retains its character of a strict tenancy at will.-8 Cowen, 13.

Tenancies at will, found to some extent in every State, are, perhaps, more numerous in Massachusetts, where, by the Revised Statutes, all tenancies not created by written agreement are declared to be mere tenancies at will.

If a person enters and enjoys lands under a lease which is void, and pays rent, he is a tenant at will.

A tenancy at will may be determined by either party's giving the notice required by the statutes, or, in a State where there is no statute regulating the time of notice, by giving reasonable ontice.

There are other ways than by giving notice, by which tenancies at will are determined. Thus, a tenancy at will is determined by the death of the landlord or tenant, (17 Mass. 282); or by the sale of the premises by the landlord (10 Metc. 223); so also it would seem, upon the same principle, the leasing the premises by a lease in writing, determines the tenancy. -10 Met. 298.