Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-12-23

hAdN@NAo
Landowners to whom rent is owed
may seize some things belonging to
the delinquent tenant but they can
not seize the family portraits or the
family Bibles says the National As
ISOLATION of Real Estate boards in
its weekly bulletin today to the mat
ter Of leases.
That's one Of the curious phases
Of tho protection which the law es-
tabliShes for the family, in its in
tent to mark a 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. accord
ing to Nathan William MacChesney,
Of Chicago. general counsel for the
National Association of Real Estate
Boards.
There is a give and take in the
law on leases that makes il pos
sible for landlords and tenants alike
TO flourish. For instance. a person
renting a structure cannot COM
plain after he moves in that the
building is not in good condition.;
the law assumes the renter will ex-
anime the premises sufficiently be-
fore placing his name on the dotted
line. "Since the tenant takes the
premises as they are with all their
imperfections. he cannot assert n
right to rescind the lease. or de-
fend against the claim for rent, on
the ground that the premises are in
unsatisfactory condition or are TN
suitable for his purpose" quotes the
National Association from General
MacChesney's treatise principles Of
Real Estate Law"
And an option in a lease giving the
tenant the privilege Of purchasing
the premises for a certain stipu-
lated price is valid and enforceable;
il is a part Of the lease and is not
a separate offer which can be with
drawn at any time before accept
anee, though the option must be
exercised in the time designated If
no further time is granted. This
can that a home occupied by a
person renting il and having in his
lease an option to purchase the
home. cannot be sold to another
party until the expiration Of that
option.
Exempt Property
The statutes setting forth the
privileges OF landlords in the matter
Of delinquent rent differ in the va
rious states but, in general. land
lords unable to collect their bills
can take personal property that is
in the same county in which the
delinquent n resides. with certain
restrictions and exemptions. In no
case can the property of any other
person be seized in su>h circum-
stances. even though such property
may be found on the -remises.
Necessary wearing apparel, Bibles,
school books. and family pictures
are usually exempted. The tenant
also is usually allowed to keep one
hundred dollars worth Of personal
property in addition TO the value
of the above articles. and when the
tenant debtor is the head of a fam
lily. and resides with his family, this
figure is raised to three hundred
dollars. These exemptions are usu-
ally restricted BY the provision that
they cannot be made from any
money. salary or wag>s due to the
tenant-debtor. but must be property
actually owned at the time.
The average tenant. says General
MacChesney. in the same volume
quoted above Is surprised to learn
that the landlord is not bound to
make repairs without an express
clause in the lease to that effect.
Under an express clause to repair.
the landlord would have TO restore
the condition of the premises re-