1024. Provision as to repairs... Analysis of Chapter. that a non-performance will give the other party a right to annul any obliga- 1018. Landlord's certificate of renting... 1020. Security for rent..... 1021. Landlord's certificate, where tenant is not to underlet nor occupy for cer- 1022. Tenant's certificate in same case...... 1028. Provision that the tenant may surrender if the premises become unten- PAGE 509 510 510 .... 510 511 ....... 1025. Provision for forfeiture and damages. 512 1026. Tenant's certificate pledging his chattels on the premises as security. 512 512 512 1029. The same; with restrictions on occupancy and subletting, and with fire 1080. Another form; with provision for re-entry and reletting, tenant to pay 514 515 1082. Landlord's certificate of letting farm with stock and tools... 517 1033. Lease of mill; with proviso suspending rent in case of its ceasing to run.. 517 ....... 517 1035. Lease by tenants in common of wharf, machinery, etc., with covenants by lessee for repairs, and proviso for determining the term at the end of fourteen, twenty-eight or forty-two years by lessee, on his giving previous notice...... 1045. Ground lease, twenty-one years, with covenants to build, and for renewals. 525 1047. Lease by a municipal corporation for purposes of a fair, lessees covenant ing to erect building..... 1048. Covenants in a farm lease on shares 1018. Landlord's Certificate of Renting.(b) day of 529 580 531 531 18 let and THIS IS TO CERTIFY, that I have, this (b) These forms of certificate are commonly used in yearly hirings in the city of New York. Each party executes one of the certificates and delivers it to the town of Short Leases, or Certificates of Letting and Hiring. with the appurtenances, and the sole and uninterrupted use and occupation thereof for year to commence the day of 18, at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each year]-[add, if so agreed and all taxes and assessments are to be paid by him].* [Signature of landlord.] 1019. Tenant's Certificate of Hiring. THIS IS TO CERTIFY, that I have, this day of taken from A. B., of street, in the , 18 hired and the dwelling-house and lot known as No. in of with the appurtenances, for the term of year to commence the day of next, at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each year]. And I do hereby promise to make punctual payment of the rent in manner aforesaid [except in case the premises become untenantable, from fire or any other cause, when the tenancy and the rent is to cease](c): And I do further promise to quit and surrender the premises at the expiration of the term or tenancy, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. * 1020. Security for Rent. [Signature of tenant.] IN CONSIDERATION of the letting of the premises above described, and for the sum of one dollar, I do hereby become surety for the punctual payment of the rent, in the above-written agreement mentioned, to be paid by Y. Z. as therein specified; and if any default shall at any time be made therein, I do hereby promise and agree to pay unto the landlord in said agreement named, the said rent, or any arrears thereof that may be due, without requiring notice or proof of demand being made. 1021. Landlord's Certificate, Where Tenant is Not to Underlet nor Occupy for Certain Businesses. day of THIS IS TO CERTIFY, that I have, this 18 let and rented unto Y. Z., of [here insert brief description of premisese. g., thus:] the dwelling-house known as No. in street, in the town of with the appurtenances, and the sole and uninterrupted use and occupation thereof for year to commence the day of 18 at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each year]-[add, if so agreed, and all taxes and assessments (c) This clause is not always inserted. See note (e), infra. Certificates of Hiring. are to be paid by him].* The premises are not to be used or occupied, except as a private boarding-house [or, for any business deemed extra hazardous on account of fire, or otherwise, as may be agreed]; nor shall the same or any part thereof, be let or underlet, except with the consent of the landlord, in writing, under the penalty of forfeiture and damages. [Signature of landlord.] 1022. Tenant's Certificate in Same Case. THIS IS TO CERTIFY, that I have, this day of taken from A. B., of in term of the dwelling-house and lot known as No. street, in the of with the appurtenances, for the year to commence the day of next, at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each year]. And I do hereby promise to make punctual payment of the rent in manner aforesaid* [except in case the premises become untenantable from fire or any other cause, when the tenancy and the rent are to cease.(d)] And I do further promise to quit and surrender the premises, at the expiration of the term or tenancy, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. And I further promise not to let or underlet the said premises, nor any part thereof, nor to occupy the same, except for [nor in any busi ness deemed extra hazardous, on account of fire, or otherwise, as agreed], without the written consent of the landlord, under the penalty of forfeiture and damages. [Signature of tenant.] 1023. Provision That the Tenants May Surrender if the Premises Become Untenantable.(e) [Insert in the certificate of each party at the * the following:] but in case the building on said premises shall, without any fault or neglect on his [or, their] part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, the tenant shall not be liable or bound to pay rent to the lessors or owners thereof, for the time after such destruction or injury, and may thereupon quit and surrender possession of the premises. [Signature of tenant.] 1024. Provision as to Repairs. [Insert in certificates of each party the matters agreed—e. g., thus:] And it is further agreed that said A. B. is to put in a furnace before the day and to put up the fences forthwith; and that said Y. Z. may of (d) This clause is not always inserted. no stipulation on the subject this rule apSee note (e), infra. plies by statute. Laws of 1860, 592, ch. 345. (e) In New York, such a provision as this need not be expressed; for if there is Chattel Mortgage. Security. retain the first quarter's rent, laying it out in painting the outside of the house, and the overplus, if any, otherwise in necessary repairs and about the house. 1025. Provision for Forfeiture and Damages. [Insert at the end of tenant's certificate the following:] And in case of not complying with any of the covenants contained herein, the lessor, in his option, shall have the power and the right of terminating and ending this lease immediately, and I agree to pay to the said lessor the sum of dollars, as and for liquidated damages. [Signature of tenant. 1026. Tenant's Certificate Pledging His Chattels on the Premises as Security. [As in Form 1019, inserting the following at the end :] And I do hereby pledge and mortgage to the said A. B. all my personal property of what kind soever which is or may be on the premises aforesaid, for the faithful performance of the covenants herein, hereby authorizing the said A. B., in case of a failure on my part to perform all or any of said covenants, to take said property so pledged, and sell the same, and out of the proceeds of such sale to pay and discharge all rent, damages and expenses, which may at such time be due, and to pay over to me or my assigns the surplus moneys arising from such sale. [Signature of tenant.] 1027. Security for Rent and Performance of Covenants. IN CONSIDERATION of the letting of the premises above described, and for the sum of one dollar, I do hereby become surety for the punctual payment of the rent, and performance of the covenants in the above-written agreement mentioned, to be paid and performed by Y. Z., as therein specified; and if any default shall at any time be made therein, I do hereby promise and agree to pay unto the landlord in said agreement named the said rent, or any arrears thereof that may be due, and fully satisfy the conditions of the said agreement, and all damages that may accrue by reason of the non-fulfilment thereof without requiring notice or proof of demand being made. Y. Z., of in the said county, farmer, of the second part, WITNESSETH: That the party of the first part has hereby let and rented to merchant, of the first part, and Short Form. the party of the second part, and the party of the second part has hereby hired and taken from the party of the first part [here insert brief description of the premises-e. g., thus]: all those three brick warehouses and premises known as Nos. 9, 11 and 13 King-street, in the city of the appurtenances, for the term of with years, to commence the day of 18 at the yearly rent of dollars, payable in equal quarterly payments on the usual quarterly days [or, on the first days of May, August, November and February], in each year.* AND IT IS AGREED that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises, and to remove all persons therefrom [may add, the party of the first part hereby waiving any notice to quit or of intention to re-enter, under the statute]. And the said party of the second part covenants to pay to the said party of the first part the said rent, as herein specified, and that at the expiration of the said-term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted: and the said party of the first part covenants that the said party of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. IN WITNESS WHEREOF, the parties hereto have hereunto interchangeably set their hands and seals, this one thousand eight hun dred and Signed, sealed and delivered in the presence of [Signature of witness.] day of [Signatures and seals.] 1029. The Same; With Restrictions on Occupancy and Subletting, and With Fire Clause. [As in the preceding form to the *, continuing thus:] And the party of the second part hereby covenants to and with the party of the first part to make punctual payment of the rent, in the manner aforesaid, and quit and surrender the premises at the expiration of said term, or other determination of this lease, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; and further covenants, that he, the party of the second part, will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire. And the said party of the second part further covenants, that he will permit the said party of the first part or his agent, to enter said premises, for the purpose of making repairs or alterations, and also to show the premises to persons wishing to hire or purchase; and on and after the first day of February next will permit the usual notice of "to let" or "for sale" to be placed upon the walls of said premises, and remain thereon, without hin |