The Massachusetts Law of Landlord and Tenant: Including the Cases in Vol. 238 of the Reports and the Legislation of 1921

Front Cover
Little, Brown, 1922 - Forms (Law) - 682 pages
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Contents

CHAPTER II
14
11 Distinction between a lease and an agreement for a lease
16
Form of agreement for a lease
17
12a Damages for failure to carry out agreement
19
Delivery and entry
21
As to writing
22
18a Parol modification of
23
As to recording
24
20 Effect of noncompliance with statute
26
Parties to leases Agents
27
Aliens
29
Executors and administrators
30
Guardians
31
Imperfect title persons having
32
28a Life tenants
33
Mortgagors and mortgagees
35
32 Trustees
37
Fraud
38
37 Subjectmatter included
39
37a Implied grants
43
Adverse possession
45
37c What cannot be leased
46
Water power
47
Personal property
48
Duration
51
41a Collateral agreements
53
43 Form
55
Assignment by operation of law
57
Forbidden assignments
58
Liability to assignor
60
Assignors liability to assignee
62
6 By Lessor PAOE 53 Form
63
53a Liability and rights of assignor
66
c Running of Covenants 55 What covenants run with the land
68
Section III
71
Interpretation Custom
72
Dependent and independent covenants
73
58a Definition of rent
74
Payment of rent
75
In case of holding over
76
In what payable
77
Payment of rent to a third person
78
Guaranty of rent
79
64a Duration of covenant
80
64c Release of guarantor
81
Payment of taxes and assessments
82
Water rates
86
Abatement of taxes
87
Apportionment of taxes
88
Lessor lessee and municipality
89
69a Where lessee covenants to pay taxes
91
Repairs and rebuilding redelivery in good order Repairs in the absence of express agreement
93
72 Where lessor is to repair
94
Where lessee is to repair
97
Damages for breach of covenant
102
Underletting and assignment
103
Covenant of fitness for occupation
106
What are breaches of covenant
107
What are not breaches of covenant
108
Measure of damages for breach
110
81 Alterations and additions
113
Measure of damages
115
Construction and effect of covenant
117
85 Abatement apart from agreement
118
Tenements in a building
119
Renewal and extension Effect of covenant
122
Form of extension
124
Election to renew
125
Specific performance
126
91a Damages
127
93 Sale to lessee
128
Sale of buildings etc at appraised value
130
95 Arbitration
131
96 Board furnishing of
132
966 Business competing
133
98 Crops carrying away
134
Fuel use of
135
Ice and snow
136
103 Improvements
137
104 Lighting
138
108 Use of premises
139
Waste
141
111 Water power
142
Who may enter
146
114 Notice of forfeiture
147
Manner of entry
148
Forfeiture for fraud
149
Forfeiture for nonpayment of rent Necessity for a demand
150
Effect of condit1on
151
Relief against forfeiture
153
Forfeiture for assigning or underletting
154
Waiver of right of entry
155
General statutory provisions
156
Intoxicating liquors
161
132 Illegal gaming
163
134 Surrender
164
By operation of law
165
Merger
168
Eminent domain
170
139 Apportionment of highway damages etc
172
Measure of damages
176
Eviction Definition
178
142 Effect of eviction
183
143 Eviction from part of premises
184
Remedy and damages for eviction
187
145 Statutory notice to quit
188
Agreed notice
190
147 Death
191
Disclaimer
192
Recovery of possession from tenant Time for removal
228
Liability of tenant for trespass
235
CHAPTER V
241
Family employees and visitors of tenant General
245
Evidence of control
255
Duty of landlord as to disclosing defects
262
Duty of tenant
270
REMEDY IN TORT
272
PAGE
274
Remedies for waste
276
Where tenant claims to hold under adverse title
282
Fixtures Definition
291
What are fixtures
297
When fixtures may be removed
305
222 Apportionment of rent
311
CHAPTER VI
317
227 At the present day
319
Section II
322
Rent as a necessary
324
Parties Beneficiaries
325
231a Corporations
326
Mortgagees
327
Sureties and guarantors 328
331
241 Evidence
334
Defences Enjoyment precedent to liability
337
243 Arbitration
339
245 Eviction
340
246 Fraud
341
248 Payment
342
Substituted tenancy
343
252 Surrender
344
Parties Agents
350
270a Ultra vires
356
277 In general
362
Trespass quare clauaum and case
363
Trespass de bonis and trover
365
Section VII
366
282a Building
367
285 Forfeiture
369
Possession of premises
371
286a Reforming lease
372
Specific performance
374
289 Summary process
376
292 Damages
377
Ejectment
379
296 Measure of damages
381
Forcible entry and detainer Right to maintain
385
Definition of forcible entry
388
Defences
396
306 Jurisdiction
402
Judgment and execution
408
Innkeepers lien
414
323a Liens for rent
422
What constitutes acceptance of lease by trustee
424
Proof of rent as such
430
329a Priority claims
436
333a By state courts
442
335a Nuisances
448
Where defects existed or nuisances contemplated by land
457
Servants agents and contractors
463
342a Pleading
469
Liability to water companies
477
Rights of landlord In general
478
Action at law
480
352 Remedy in equity
481
Damages
482
355 Rights of the tenant
483
Rights of both landlord and tenant
485
APPENDIX OF FORMS PART I
487
Covenants 3 To pay rent
488
Cut timber as guaranty
489
Repairs and redelivery
490
Lessor not to repair
491
Another form
492
Proviso as to material
493
Shorter form
494
Purchase and sale of premises
495
For the care and return of live stock
496
Lessor not to be responsible for personal property upon the prem ises
497
Extension upon increased rent
498
Renewal of sublease
499
B Precedents of Agreements 54 Parol agreement for tenancy of house garden furniture linen etc
500
Agreement for a lease of a furnished house at a separate rent for the house and the furniture
501
Agreement for a building lease of premises for ninetynine years
503
Precedents of Leases 57 Short form of lease
506
Lease of unfurnished house
507
Lease of furnished dwellinghouse with stable and garden op tions to surrender and renew
512
Lease of city building
516
Another form
519
Lease of offices in city building
524
Conditions and building regulations
527
Lease of flat or chambers
532
Extensions of Leases 65 Extension to be endorsed on lease
535
F Bond of Indemnity 69 From lessee to sublessee covering cost of improvements
536
G Notices to Terminate Tenancy 70 Landlord to tenant
537
By tenant in common
538
FORMS OF PLEADINGS
540
By Devisee of Lessor against Lessee
546
rOSH FAOB
548
By Tenant against Landlord
554
Landlord against Third Person
559
For injury from defective premises
560
FORM PAGE
562
Tenant against Landlord
568
row PAOE 144 Plea to an action of tort for injury to the reversion
570
Answer in summary process
571
Index
573
Copyright

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Page 14 - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time, such •words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose.
Page 286 - The Court are of opinion that manure made on a farm occupied by a tenant at will or for years in the ordinary course of husbandry, consisting of the collections from the stable and barn-yard, or of composts formed by an admixture of these with soil or other substances, is by usage, practice, and the general understanding so attached to and connected with the realty that, in the absence of any express stipulation on the subject, an outgoing tenant has no right to remove the manure thus collected,...
Page 507 - ... to quit and deliver up the premises to the lessor or his attorney, peaceably and quietly,' at the end of the term, in as good order and condition, reasonable and proper use thereof, fire and other unavoidable casualties excepted, as the same now are...
Page 306 - the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 476 - ... notice, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and may disconnect any meter, pipe, wires, fittings or other works, whether they are property of the company or not, from the mains, pipes or wires of the company.
Page 276 - Gray 617. And we do not think that the implied license is necessarily limited to the annual crops, but that it extends to any acts of carrying on the farm which are usual and proper in the course of good husbandry. If, in carrying on similar farms, it is usual and is good husbandry to cut and carry to market wood and timber to a limited extent, a license to do this might be implied from the relation of the parties.
Page 283 - If a mortgage be of a dwelling-house, the mortgagor may do many acts, such as acts of repair or alteration, which may involve the removal of parts of the realty, which would not be wrongful because within the license implied from the relations of the parties. If a farmer mortgages the whole or a part of his farm, with a clause permitting him to retain possession...
Page 519 - ... enter into and upon the said premises or any part thereof, in the name of the whole, and repossess the same as of their former estate...
Page 362 - Actions on the case are founded on the common law, or upon acts of parliament, and lie generally to recover damages for torts not committed with force, actual or implied ; or having been occasioned by force, where the matter affected was not tangible, or the injury was not immediate, but consequential ; or where the interest in the property was only in reversion ; in all which cases trespass is not sustainable.
Page 54 - If by the terms of the conveyance, be it in the form of a lease or an assignment, new conditions with a right of entry, or new causes of forfeiture are created, then the tenant holds by different tenure, and a new leasehold interest arises, which cannot be treated as an assignment or a continuation to him of the original term.

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