The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1906-01-26
LANDLORD AND TENANT.

Law.
LANDLORD AND TENANT.
No. 10. Taxing possession. Loyalty
to the Landlord. Duty of landlord to
tlrotect the title. Tenants obligation
[ I Po9session In law Of an unoccupied
building is given when the landlord
delivers the tenant the KEY and the
tenant accepts 1t.
II at the time of the making Of the
lease the landlord is In possession, he
is liable to damages for refusing to
deliver possession at the time agreed
on.
If the property is occupied by some
one other than the landlord and by
the landlords assent, the landlord Is
. liable the same as If he were himself
holding possession. The same is true
If the person who has possession has
legal right to be there. a.4
1t is not SO clear as to the landlords
liability, where the persons occupying
the premises are intrud2rs or tenants
holding over. 10 such cases 1t Is said
that the landlord has done all that he
is legally bound to do when he gives
the tenant the right to possession,
and that he is not bound in law to
put the tenant into actual possession.
This throws upon the tenant the
Necessity OF getting possession for
himself, and seeking his damages from
the. persons who are unlawfully hold
ing possession. The result OF this Is
that the tenant under such ciIcum-
stances cannot throw up his lease and
refuse to pay rent because the land
lord does not put him into possession.
Something to remember, therefore, is
the suggestion that In making lease
to begin at future time, it should be
seen to that the landlord agrees to put
\ the tenant into possession. Then II
| ere is any failure to do so, the land
II lie liable.
1 'inother general principle of the
Nv of landlord and tenant is that the
tenant cannot deny his landlords
title, that Is, he will not be permitted
IN court to maintain that the one
who put him into possession did not
have good title at the time. This
does not mean that II the landlord
parts with the title afterwards, a
tenant cannot defend In suit by the
original landlord for rent. on tine
ground that this landlord has parted
with the title, and was not entitled to
the rent.
Should the tenant deny that the
landlord had title when he put him
into possession, his denial will be con-
sidered as COED ground for forfeiture
of his lease. In such case the land
lord can take measures at once to put
the tenant out.
II the landlords title is attacked by
third person, as where the third
person claims title to the property
and a right to the rents. the tenant
should at once netify the landlord and
Ncail upon him to defend his title; that
Nall the tenant Is required to do. II
tae landlord then fails to defend, and
the party suing and claiming title
gets judgement, The tenant may
then regard the latter as the true
landlord, and he will be protected In
paying to him the rents.
The landlord is not bound to protect
the tenants possession against the
acts Of trespsssers or wrong doors,
except when the title is involved legal
proceedings.
This rule prohibiting the tenant
from denying that the landlord had
title at the time he made the lease,
extends to every subtle. ant.
A tenant cannot assert an outstand-
ing title which he has brought 10 as
against his landlord. The foundation
OF this rule lies In the fact that the
tenant by his possession acquires an
advantage which is given him by bis
landlord he may be elected without
notice to quit. A tenant in possess
loo. compelled to buy up a mortgage
10 order 10 protect his possession, will
he protected against the landlord until
N is reimbursed.
MI is held that where q tenant,
without notifying his landlord, pur-
chased the premises at a foreclosure