Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-08-22
VERBIAGE In LEASES
Considered by Local Real Estate
Agents Almost a Necessity.
DEAD-BEAT TENANTS ARE BLAMED
For the Insertion of Many Clauses That
Look as if They Could
JUST As WELL BE CUT OUT AS NOT

People who have given thought to the re-
form proposed to be effected by the Bar As
sociation of Allegheny county and by the
| American Bar Association now in session
| in the condensation and simplifcation of
deeds and mortgages, have not only been
quick to perceive the advantages to be
| gained, but many of them are disposed to
| think that simplifcation of the leases ten
ants are asked to sign might also be to a
great extent beneficial. The reform pro-
posed by the Bar Association goes into ef-
feet in the State of New York on September
by act of the Legislature. 1t is the cul-
minaton of the work of a commission ap-
pointed by Grover Cleveland when he was
Governor OF New York. 1t gives satisfac-
tion to lawyers and real estate dealers, but
there are some lawyers who propose
to adhere to the old forms, although
those who do so will be charged S.
extra for recording. The New York law
also provides for the simplifcation of in
dexing, which is very important feature,
saving not only much time in the tracing of
titles but insuring greater security against
mistake.
AS 70 the subject of leases, lawyers
differ here, though the majority admit that
simplifcation would do no harm, and
among others Mr.. o. P. Robertson opined
that were there less verbiage there might be
less contention.
John E. Kuhn, Esq, said that while con-
densing it would be well to add another
clause to the landlord and tenant laws, by
which the former, when he caught scala
wag, in the shape of dead-beat tenant,
could bring an action in ejectment, confess
judgment against the lessee, and issue a
writ of possession in default of payment of
rent, and thus gain possession, which is
often of more Importance than the rent
itself.
CAUSES TOO MANY WORDS.
John D. Watson, Esq, said the cause of
the present prolixity in leases was the
awful condition of the landlord and tenant
law, which is nearly all in favor of dishon-
est tenants, and which causes landlords to
insist on all possible provisions for security.
1t is jumble of the acts OF 1772 and 1868.
The law in relation to suh-tenants is
abominable, in that it gives no end of
trouble to them. Then, tenant may show
papers to the effect that everything he has
is subject to the demands of an installment
agency, and yet the articles in question
may all be paid for. The work OF getting
rid of dishonest tenant is often a perilous
one. Under the law. of 1772 three months
notice at any time of year will suffice to get
at tenant, but then the case must be tried
before Justice OF the Peace. Then, as to
the Is and 80 days notice to vacate for nom
payment of rent, Is in summer and 30 in
winter, landlord and constable find suit |
for assault and battery or for trespass star |
ing them in the face, almost every time they |
attempt to get rid of a bad tenant-this |
being greatly aggravated by ignorance of |
'squires and hasty curbstone advice given |
by lawyers.
"SaId Mr.. Watson: "The only protection |
the landlord has is the shirt tail lease, and |
it is entirely heartless. 1t makes a pauper
out of man, and by waving all exemp-
tlons, annuls an act of Assembly, and is
really against public policy. The law
ought to allow landlord immediate posses
sion where. he gets bad tenant, except in
cases of sickness, and the tight lease should
be abolished, and not require tenant to
make self-confes vagabond and pauper
of himself. The present system is uni just
to both landlord and tenant, with odds in
favor of the latter"
AS to the simplifcation of leases, real
estate agents are probably unit in opposi-
tion, and they, and not the owners, are the
ones who generally have scraps with scaly
tenants. The advantages of the agency sys-
tenn have become so plain to most owners of
to have their renting taken care of sys-
tematically to doing it themselves. They
find it less trouble, and in the end get more
money out of their holdings.
INNEED OF PROTECTION.
D. P. Black, of Black & Baird, said he
could see no good to be accomplished by the
of leases, as landlords needed
all the protection they now had, and as
leases were seldom recorded, there could not
be the objection to their verDosity that at
taches to deeds and mortgages-the accumu-
lation of public records. He said dis
honest tenant, if ordinarily shrewd, can beat
the most grasping landlord IN the country.
No matter if the tenant do sign traiver it
amounts to but little, as the land
lords distraint can scarce ever follow goods
when once off the premises, as it is next to
impossible to swear to identity The tenant
can fortify himself in his castle and a con-
stable dare not break in, and even if he
succeed in entering and distraining without
breaking down doors, suit for damage for
trespass is like to follow, and even if the
landlord win it, the cost generally exceeds
the profit. Should the tenant finally sue
coed in getting his goods off in daylight. he
cannot be prosecuted for fraud, and ordi-
uarily owners are satisfied to get such ten
ants out OF their houses and let the rent 90.
In ILLUSTRATION, case is related in Allie
vhnnr vhor n L |
and lot and barely managed to exc out an
existence from the rent of the property.
Finally she got tenant who became in ar.
rears and refused either to pay rent or to
move. After much tribuIation she put the
matter into the hands of an agency. The
agency armed some constables with war
rant and ordered them to distrain. The
,onstables lay in wait for davs. but could
,ot find the house unlocked. The inmates
hot in and out and locked the doors after
hem so quickly that no one could get in
Without violence.
SCHEME OF CLERK.
Finally, clerk in the employ of the
geney, who had been paying attentions to
ne of the young ladies of the family.
diversion He called
N the object of his attention
md had constable lying in wait in re-
ess, within few feet OF the front door. The
lerk rang the bell, and after recon-
oissance by the family, was granted admis-
ion. The constable sprang after him, but l1
he door was slammed in his face with such
elerity that the minion of the law came
ear having his nose fattened. Once inside.
owever. the clerk watched his opportunity,
nd opened window through which the
Unstable entered. He made a lew. and
he goods were sold for about $50-some- :