FREE BOOKS

Author's List




PREV.   NEXT  
|<   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   >>  
ld never write it payable to bearer, but always payable to the order of a particular person, so as to require his name to be written thereon in order to make a good transfer. This is a much safer way of sending cheques than simply by making them payable to bearer. XV. THE LAW RELATING TO LEASES A LEASE IS AN AGREEMENT, and, as every one knows, usually relates to the hiring of lands and houses. _If the agreement is to be for a longer period than one year it should be in writing_, for if it be not either party can avoid it, not morally but in law. The statute of frauds, which has been explained, would shield either party in not carrying out such an agreement if it were not in writing if by its terms it was to last for a longer period than one year. There is another very important reason for putting such an agreement in writing. Much of the law relating to the two parties, landlord and tenant, is one-sided and in favour of the landlord. Our law on that subject is based on the English law. It was imported in the early colonial days, and, though it has been greatly changed by statute and by decisions of the courts, it is still very one-sided, as we shall see before finishing this paper. For this reason, especially, all leases relating to houses and stores or other buildings, even for a short period, should be in writing, with the rights and duties of both parties fully stated, so that both may clearly know what to do and to expect. Unless something is said in the lease concerning repairs the landlord is not obliged to make any. This statement shows at once the need of having a written lease. If the house is out of order--the locks, blinds, doors, and windows are not in good order--the tenant cannot claim anything of the landlord or require him to put them in good condition. Even if a house should become unfit for habitation in consequence of fire, or is blown down, or is flooded with water, the landlord is not bound to do anything unless he has stated that he will in his lease. A fire broke out not long since in a large warehouse and burned it so completely as to render it wholly unfit for use; indeed, all the merchandise in it was wholly consumed. Nevertheless, when the lease expired and the tenants refused to pay as they had agreed to do, the landlord brought a legal proceeding against them to compel them to pay during the entire period, as though they had been staying there and selling goods and making money
PREV.   NEXT  
|<   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   >>  



Top keywords:

landlord

 
writing
 

period

 
payable
 

agreement

 

longer

 

statute

 

stated

 

tenant

 

reason


relating

 

parties

 
require
 

making

 

bearer

 

wholly

 
houses
 

written

 
entire
 

windows


blinds
 

statement

 

selling

 

expect

 

Unless

 

obliged

 

repairs

 

staying

 

Nevertheless

 

expired


consumed

 

merchandise

 

burned

 
warehouse
 
completely
 

render

 

tenants

 
brought
 

condition

 

proceeding


agreed

 

flooded

 

refused

 

habitation

 

consequence

 
compel
 

English

 
relates
 

hiring

 

AGREEMENT