Under these acts a right of reentry or forfeiture is not to be enforceable unless and until the lessor has served on the lessee a written notice specifying the breach of covenant or condition complained of, and requiring him to remedy it or make compensation, and this demand has not within a reasonable time been complied with; and when a lessor is proceeding to enforce such a right the court may, if it think fit, grant relief to the lessee.
An alien was, at common law, incapable of being either a lessor or a lessee.
But as between the subtenant and his immediate lessor the subtenancy will be good, and should the interest of the lessor become greater than it was when the subtenancy was created the subtenant will have the benefit of it.
The lessee must give notice to the lessor of any acts of usurpation committed on the property (Art.
Another form of alteration in a contract of tenancy is an under-lease, which differs from assignment in this - that the lessor parts with a portion of his estate instead of, as in assignment, with the whole of it.
There are several varieties of the contract, (i.) simple cheptel (cheptel simple) in which the whole stock is supplied by the lessor - the lessee taking half the profit and bearing half the loss (Art.
No refund is payable if the produce was severed before the accident, unless the lessor was entitled to a portion of it, when he must bear his share of the loss, provided the lessee was not in morel as regards the delivery of the lessor's portion.
The lessor is bound by the nature of his contract and without the need of any particular stipulation (i.) to deliver to the lessee the thing hired in a good state of repair; (ii.) to maintain it in a state to serve the purpose for which it has been hired; (iii.) to secure to the lessee peaceable enjoyment during the continuance of the lease (Arts.
Whether a particular instrument is a lease, or an agreement for a lease, or a bare licence, is a question the answer to which depends to a large extent on the circumstances of individual cases; and the only general rule is that in a lease there must be an expression of intention on the part of the lessor to convey, and of the lessee to accept, the exclusive possession of the thing let for the prescribed term and on the prescribed conditions.
The rights and obligations of the lessor and the tenant (e.g.