rent, but is limited to a right of action against the landlord for breach of the covenant. A covenant to renew the lease gives the option to the tenant either to vacate or remain upon the premises at the end of the term. The covenant on the part of the tenant to pay rent is generally implied and if no stated sum is specified the reasonable rental value is recoverable against him.

438. Tenant's Covenants. The tenant may also agree to do any of a number of acts, the most usual covenants being covenants to repair; to pay rent, taxes, and assessments; not to assign the lease; to use the premises only for certain agreed purposes, or in a particular manner; and to redeliver the premises at the termination of the period in good condition and repair, loss by fire and ordinary wear being generally excepted. As is true with the landlord's covenants, the tenant's covenants may vary to suit the circumstances of the particular lease. In the absence of any agreement as to repair, the duty is imposed upon the tenant to make repairs, but he need not make good the ordinary wear and tear naturally incident to the use of the premises for the purpose for which they were leased. Waste, or the destruction of the premises, whether by his will or his permission or his carelessness is, of course, not tolerated.

The payment of rent according to agreement scarcely needs a covenant on the part of the tenant, as it will be implied, and will not ordinarily be excused. Though fire or flood may have made the premises uninhabitable, yet unless the tenant has protected himself by suitable stipulations to the contrary, or a local statute has changed the rule of the common law, he must pay his rent.

When the agreement is that the tenant is to pay the taxes and insurance, the lease should so state, for otherwise the duty is upon the landlord. Likewise, when the tenant is not to have the right to assign his lease, or sublet the premises, the provision should be in the lease, for at common law the tenant has such rights, though he cannot escape a personal liability to his landlord for the payment of the rent by assigning the lease to another. Modern leases usually contain covenants against sub-letting or assigning, for the landlord generally desires to select his own.

tenants.

If the tenant covenants "to return and redeliver the premises at the end of the term, in good order and condition, reasonable wear and tear only excepted," he is bound under this agreement to rebuild a house, if it be burned down during the lease. For this reason, modern leases often add to the above exception, "damage by fire and other unavoidable accidents also excepted," or "damage by the elements and acts of God excepted." These have the effect of relieving the tenant from the necessity of rebuilding.

439. Tenants' Fixtures. There are some improvements a tenant may add during his term which he may take away with him at the termination of his lease. The general rule applicable to fixtures is that, as between heir and executor, vendor and purchaser, mortgagor and mortgagee, debtor and creditor, if personal property be annexed to the realty, it becomes a fixture, so that one who takes the property, or has a lien upon it for a debt, will get the benefit of the improvement. As between landlord and tenant, however, the modern doctrine is more favorable to the tenant, and allows him to remove all articles of personal property annexed to the real estate for purpose of trade, agriculture, or domestic use and convenience, when such removal will not result in serious or permanent injury to the realty.

The method of affixing is often important in determining this question. Thus, if the articles are fastened with screws this may serve as evidence of an intention to later remove them and may prevent them from becoming fixtures. Among articles held to be removable by tenants in some of the cases that have come before the courts are: Stoves, pumps, gates, looking glasses, stables on blocks, gas fixtures, hop-poles, machinery fastened with screws to the floor, and similar articles of trade, agricultural, or domestic use. Among those held not removable are: Barns built upon foundations set in the ground, trees, hedges, windows, locks and keys. Each question must be decided upon its own particular facts, for the great determining factor always is the intention of the parties, as evidenced by their acts, at the time of annexing the article to the freehold.

440. Notice to Quit. One of the ways in which a tenancy may be terminated is by a notice to quit, given in a regular

manner and under suitable circumstances. If one holds a lease for years, he is not entitled to a notice to quit at the expiration of the term, unless a statutory provision requires it, for he has no right to remain longer. But if, as frequently happens, the landlord consents to the tenant's holding over after his term, and the tenant thereby becomes a tenant from year to year, month to month, or for whatever period rent is paid, the tenant must be served with a proper and timely notice to quit the premises before he can be ejected by a suit. The notice need not be formal, but it should specify the particular day when the tenant is required to quit, and it must be written. The length of time allowed the tenant in which to move is very important, and is largely governed by statutory regulations, which should always be consulted. In general, the notice to quit should be given one full rental period before the expiration of the lease, unless the eviction be for the non-payment of rent, when a much shorter period is usually provided. The right of notice also applies as against the landlord, and the tenant from year to year as well as the landlord may terminate the lease by a proper notice.

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