The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-12-17

To create the relation of landlord and
tenant, an agreement, either express, or
implied, must exist. Holding over, af.
ter the expiration of lease, is presumps
tive evidence ef new agreement
To authorize suit to recover for the
use and occupation of land, the facts
must show tLat the defendant occupied
as the tenant of the plaintiff, and mot
adversely, or in opposition to him. If
he did not take possession by contract
express or implied, from the plaintiff, or
if he do not recognize the plaintiff as his
landlord, an action for use and occupa-
tion will not lie.
In an action to recover rent, or for
use and occupation, the tenant canHot
dispute his landlords title. If he has
occupied the land, he is bound to pay
rent to the person under whom he occu-
pied, unless he was turned out by some
one having better title.
IF tenant agrees to pay rent, the de.
struction ofthe premises by FIRE does not
discharge him, unless there is resert-
alton in the contract that such destruc-
ton shall discharge him.
A landlord, leasing land upon the
terms of receiving certain portion Of
the crop as rent, has lien, or proper
ty, in the growing crop, until the rent
reserved is satisfied; and neither the ten
ant, nor any one claiming under him, or
on his behalf, or as successor to his
rights, can remove the entire crop, with.
out first satisfying the landlords rent
Ifa constable, or other officer, levies
an execution against tenant, on crop,
part of which belongs to the landlord
for his rent, and sells it, he is liable for
conversion of the goods of the land.
lord; and the damages would be the
amount of the rent.
When land, under lease, is taken for
public use, the tenant is bound to pay
the rent; but is entitled to compensation
from the public for the loss of his use of
the property. sAs
When there is a right of re-entry re.
served in the lease on non payment Of
rent, the landlord, to make it available, ?
must make demand ofthe precise sum
due, at q convenient time before sun
set, on the day the rent is due; and the
demand must be made at the most no.
torious or public place on the land, :
whether there be any one to pay il
or not So -1a
An agreement to work year for the
owner ofland, and have house to live,
in, does not create the relation of land.
lord or tenant, and the owner may dis.
possess him whenever he has reason to
be dissatisfied with his services. 5f
When person enters into possession
of lands as tenant of A. and in a suit
concerning the lands, they are decided
to belong to B., the tenant becomes the
tenant of B.
A tenant forfeits his interest. if he
cut wood or timber from the land, when
| there is condition in the lease that he
shall not.
A tenant is liable for rent, though he
is compelled to leave the premises be.
cause they are unhealthy, if there has
been no fraud, and the tenant had
knowledge, or the means of knowledge
of the circumstances.
When tenant, under lease, leaves,
and the landlord takes possession, and
leases again, rent may be recovered from
the time the tenant left until the land.
lord re-let.
If DO time be stated for payment OF
rent, it is payable at the end of the term.
When a tenant holds over his term.
he is liable at the same rate of rent a.
the year before.
If the owner of land rent it, and
then sell the fee of the land, the purchas.
er takes all the rent falling due afse
his purchase, but none before. r.
The purchaser of land, at administra.
tors sale, is entitled to all rents accru.
ing after that time. a:...
Payment of rent to landlord, whose
interest has been sold on execution, and
notice to the tenant, does not discharge
him.
The entry of the landlord on the
leased premises, unless he turn the ten.
ant out, does not discharge the tenant
from paying rent; but the landlord may
be prosecuted for tresspass as any other
person.
When landlord dies, and the leased
lands go to several heirs, the rent viii
be apportioned, and the heirs may bring
separate actions for their shares. Tb
When rent is payable quarterly, or
at other specified periods. and the land.
lord turns the tenant out before the pay
day arrives, he cannot claim rent for the
portion of the time occupied since the
last pay day.
The landlord cannot recover rent from
an under lessee of part of the premises.
On the expiration of the lease, the ten.
ant has thesright of ingress, egress, and
regress, SO far as is necessary for re.
moving his goods and personal property.