Evening star., 1928-12-29
RIGHTS Of RENTERS
ARE WELL DEFINED
Landlord of Delinquent Ten
ant May Seize Property
for Back Rent.

Landlords to whom rent is owed may
seize articles belonging to the delinquent
tenant. but they cannot seize family
portraits or the family Bible, says the
National Association of Real Estate
Boards.
That is one of the curious phases of
the protection which law establishes for
the family, in its intent to mark just
line between the rights of the man who
Invests his capital in the buildings which
other people rent and the man who
leases the property for his home, ac-
cording to Nathan William MacChesney
Of Chicago, general counsel for the
association.
Law Is Fair to Both.
''There is a give and take in the law
On leases that makes it possible for land
lords and tenants alike to flourish" says
the bulletin For instance, a person
renting a structure cannot complain
after lie moves in that the building is
not in good condition; the law assumes
the renter will examine the premises
sufficiently before placing his name on
the dotted line. Since the tenant takes
the premises as they are with all their
imperfectionS, he cannot reScind the
lease, or defend against the claim for
rent, on the ground that the premises
are in unsatisfactory condition." says
Gen. MacChesney in his Principles OF
Real Estate Law"
And an option is a lease giving the
tenant the privilege of purchasing the
premises for a certain stipulated price Is
valid and enforceable; it is a part OF
the lease and not separate offer which
can be withdrawn, though the option
must be exercised in the time designated
if no further time is granted.
1.-The statutes setting forth the priv
ilegeS of landlords in the matter of de-
linquent rent differ in the various States,
but, in general, landlords unable to col
lect their bills can take personal prop
erty that is in the same county IN which
the delinquent one resides, with certain
restrictions and exemptions. Necessary
wearing apparel Bibles, school books
and family pictures are usually exempt
The tenant also is usually allowed TO
keep 500 worth of personal property in
addition to the value of the above ar
ticles, and when the tenant debtor is
the head of a family, and resides with
his family this figure is raised TO $3Ou
These exemptions are usually restricted
by the provision that they cannot be
made from any money, salary or wages
due to the tenant-debtor, but must be
property actually owned at the time.
Repairs Not Compulsory. %
"The average tenant says Gen. Mac
Chesney, lis surprised to learn that the
landlord is not bound to make repairs
without an express clause in the lease 10
that effect. Under an express clause to
repair. the landlord would have to re-
store the condition of the premises re-
rardless of the injury, whether by flre,
tornado. or food. In many States by
statute the landlord is required to keep
the leased premises in reasonable repair
even in the absence of anything In the
lease to the contrary.
"But if the tenant is not protected by
the laws in his State in this regard, ne
should protect himself against the con-
tingency of injury to or destructlon Oh
the buildings he is leasing by having
nrovision inserted in the lease to the
Effect that he is not to pay rent in case
of the destruction of the premises or
martial destruction of them, II repairs
ere not made within a reasonable length
Upon expiration of the lease, the law
ayes on the tenant the duty OF vacatlng
fhe leased premises, and upon failure to
do so. he becomes subject to penalty:
If a tenant holds over at the emu oA
his term. It does not renew the term,
Sut it does give the landlord an option
10 renew the term.
"On the other hand, holding over
nf a tenant because of death or extreme
Sickness at the time the lease expires,
win not entitle the landlord to consider
a tenant in such circumstances as
tenant for a new term. But the mere
fact that the landlord takes no steps,
after the lease expires by its own terms,
to regain possession of the leased quar-
ters cannot be regarded as an act from
which an inference of a new tenancy
can be drawn"