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Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler
Articles
Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 …
Breach Of Landlord's Covenant As Defense To Action For Rent, Ralph W. Aigler
Breach Of Landlord's Covenant As Defense To Action For Rent, Ralph W. Aigler
Articles
It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the cases may be satisfactorily reconciled. Two very late cases involving this …