The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1906-04-13
LANDLORD AND TENANT.

neno Inc oprasuo SoiiooPou0S
Law.
LANDLORD AND TENANT.
A tenant should see to 1t that his
landlords title is not defective, Tor
he can get from his landlord no better
title than thelandlord himself pos
sesses. One does not think for q
moment of buying real estate without
investigating as to the title, well
knowing that he can buy no better
title than the owner has to sell; and
vet persons will take leases without
any such injury. How does the lessee
know but that the landlords title Is q
mere life interest, and that the lease
IS liable to expire at any moment by
the death of the landlord? How does
he know but that the landlords title
is encountered by mortgage. the
foreclosure of which will put an END
to the lease? How does he know but
that the landlord is himself a lessee
with no right to sublet, or that he
holds under conditions that lay the
estate liable to a forfeiture for some
breach? Indeed, how does he know
that the landlord has any title at all?
Suppose that lease should be made
by one having no right to make the
lease and the lessee went on the pro-
perty and made improvements, at the
same time paying rent, 1t might be
very uncomfortable for him to ind
later that he was holding his lease OF
one who had no right to make 1t, that
all his improvements must be for
feited to the rightful landlord, and
that he was liable to the real owner
fer the use of the property. One TAX
ing real estate ON lease and intend
ing tip make valuable Improvements
should be as careful In the matter OF
investigating his landlords title and
right to make the lease In question as
II he were buying the property. VI
course this is not so necessary II q
sudden eviction from the premises
would do him no special harm.
It is of some advantage to know
that lessee dispossessed by reason Of
the defectiye title of his landlord has
a legal claim for damages against the
landlord, but this right may be OF no
value, as the landlord himself may
not be responsible, or the lessee may
not he able to prove damages that are
adequate.
II it is desirable to make inquiry as
to the RICH of the landlord to make a
lease of the kind proposed, 1t Is more
desirable that an inquiry should be
made when renting OF one who does
not claim to be the owner. Not only
does the lessee want to know In that
case what right the landlord has to
make the lease, but also what author
ity the agent has for making 1t for the
landlord.
There is no room here for an ex'
tended lecture on agency, but as these
talks are to serve practical purposes
something should be said tn enable
the intending lessee to learn the ex-
tent OF an agents authority.
In the first place, the agent must
get his authority from the owner o.
holder of the title. 1t Is very unsafe
to take a lease from one who is the
agent of an agent, In such case II
is we'll to know whether the frs,
agent has the right to appoint a sub
agent with authority to make lease
IT. dealing with agents in matters O
real estate be careful to know eithe
that the person making the lease O
selling the property has AUTHORITY
direct from the owner Of the title
or that the one making the lease, |
not the tirss agent. is authorized Il
do su by the terms Of the agreemen
between the first agent and the land
lord.
1t is Important to know whethe
the agent making the lease is gen
eral agent or a special agent. A gen
eral agent is one who has genera