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Landlord and Tenant

All leases for one year or less need no written agreement, but leases for more than a year must be in writing. Leases for life must be signed, sealed and witnessed; and leases extending over three years must be recorded. No particular form is required. Should there be no agreement in writing for more than a year, the tenant holds the property from year to year at the will of his landlord; and should there be no agreement as to time, the tenant, as a general rule, holds from year to year. In New York city, where there is no specified mention made as to the duration of the occupation, the agreement is held good until the first day of the May following the occupation of the premises under said agreement. In regard to a tenancy at will, one month's notice in writing suffices to make the tenant vacate the premises. In New York, a landlord cannot distress for rent, nor can he place any lien on the goods and chattels for rent due; but he may collect the rent by action after the removal of the tenant.

A tenant is not responsible for taxes, unless it is so specified in the lease. A lease coming into the hands of a person accidentally would be invalid, and must be delivered to the rightful party.

A tenant may underlet as much of the property as he pleases, unless the lease forbids it; but tenants at will cannot underlet.

A lease made by a minor is not binding, after he attains his majority, but it binds the lessee, unless the minor should release him. If, after attaining his majority, the minor receives rent, the lease will therefore be ratified. A lease given by a guardian does not extend beyond the majority of his ward. A new lease renders a previous lease void.

Should there be no writings the tenancy dates from the day possession is taken; but where there are writings, and the time of commencement is not specified, the tenancy begins from the date of said writings. The consent of the landlord to receive a substitute releases the former tenant.

In regard to eviction it is not essential that the acts of the landlord should be committed with the intent of compelling the tenant to leave the premises. If said acts make it necessary for the tenant to move, there is an eviction. In case a landlord fails to perform duties he owes the tenant, so that the premises become untenantable, there is an eviction. Where, for instance, the landlord puts in drain pipes, after the tenant has taken possession, so defective as to render the house unhealthy, and refuses to remedy the defect, there is constructive eviction. A refusal of the lessor to furnish steam power, heat, water, etc., as called for by the lease, constitutes eviction.