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

RardlesS or tho injury Whetner Dy
fire. tornado. or flood. In many
states bv statute the landlord is re-
CURED to keep the leased premises
in reasonable repair even in tho abb
sence Of anything in the lease to
the contrary. In other words, in
such states. the landlord must make
repairs even should he insert in his
lease a clause saying he will not do
so. But. If the tenant is not pro-
tected bv the laws in his state in
this regard. he should protect him
self against the contingency of in
jury to or destruction of the build
ings he is leasing by having a pro-
vision inserted in the lease 10 the
effect that he is not 20 nay rent in
case Of the destruction Of the prem
ises or partial destruction of them.
II repairs are not made within a rca-
sonable length Of time.
Can Restrict Business
A clause in n lease not 10 carry
on a particular business on the leas-
ed premises, or not to carry on any
business except n business named
in tho lease, is binding and may be
enforced by the landlord. When the
mode Of occupation is fixed by the
lease or when the intention OF the
parties to confine the leased prem
iss to a particular use may be fair
Nv implied from the words OF the
lease. then the tenant may be stop
ped by court action from using the
property for other purposes.
The landlord cannot enforce any OF
the covenants Of the original lease
against n s%ubtenant because he has
no c~ontractural obligation TO the
landlord.
Upon expiration Of the term Of
the lease. the law fixes on the ten
ant the duty Of vacating the leased
premiss, and upon failure to do so,
the tenant becomes subject to ~
atty. This duty il usually incor-
porated in an express covenant" or
clause Of the lease itself. If a ten
ant holds owe at the end OF his
term. it does not renew the term but
IL does give the landlord an option
TO renew the term. Thus when a
tenant. after the expiration Of a
term fixed bv the lease at one year
or less. continues TO occupy the
lease dpfemises without any new
agreement, this may. at the option
Of the landlord. be considered a re-
newal Of the expired lease for a
like period and upon like terms.
Where the tenant holds over, that
is. stays beyond the termination Of
the lease. the landlords right to in
sist on the continuance Of the ten
ancy is unaffected by the tenants
refusal to renew the lease or the
giving Of notice that he expects to
vacate within a few days
When Tenant Can Stay
On the other hand a holding over
OF a tenant because of death or ex-
IRENE sickness at the time the lease
expires. will not entitle the landlord
to consider a tenant in such circum-
stances as a tenant for a new term.
But the mere fact that the landlord
takes no steps. after the lease ex-
pirs by its own terms. to regain pos
session OF the leased quarters can
not be regarded as an act from
which an inference Of n rev tenancy
can be drawn. In other words. in
such a situation. the tenant staying
beyond the date of termination of
his lease can be held for renewal
by the landlord. but il such n ten
ant stays and does not hear from
the landlord. this does not mean that
the tenant can have u renewal. In
order for the tenant in such a ----
to claim tendancy. the landlord must
recognize the tenancy as existing:
for instance his act Of receiving rent
implies such assent to continuance
Of the lease.
II all down to whether you
want 10 stay or not. If you don't
want to stay. you had better vacate
on or before the date of the lease
expiration. II you do want to stay,
you must get the landlord to recog-
nize you as a continuing tenant.