RE-ENTRY, estates. The resuming or retaking possession of land which the
party lately had.
2. Ground rent deeds and leases frequently contain a clause authorizing
the landlord to reenter on the non-payment of rent, or the breach of some
covenant, when the estate is forfeited. Story, Eq. Jur. Sec. 1315; 1 Fonb.
Eq. B. 1, c. 6, Sec. 4, note h. Forfeitures for the non-payment of rent
being the most common, will here alone be considered. When such a forfeiture
has taken place, the lessor or his assigns have a right to repossess
themselves of the demised premises.
3. Great niceties must be observed in making such reentry. Unless they
have been dispensed with by the agreement of the parties, several things are
required by law to be previously done by the landlord or reversioner to
entitle him to reenter. 3 Call, 424; 8 Watts, 51; 9 Watts, 258; 18 John.
450; 4 N. H. Rep. 254; 13 Wend. 524; 6 Halst. 270; 2 N. H. Rep. 164; 1
Saund. 287, n. 16.
4.-1. There must be a demand of rent. Com. Dig. Rent, D 3 a 18 Vin. Ab.
482; Bac. Ab. Rent, H.
5.-2. The demand must be of the precise rent due, for the demand of a
penny more or less will avoid the entry. Com. Dig. Rent, D 5. If a part of
the rent be paid, a reentry may be made for the part unpaid. Bac. Ab.
Conditions, O 4; Co. Litt. 203; Cro. Jac. 511.
6.-3. It must be made precisely on the day when the rent is due and
payable by the lease, to save the forfeiture. 7 T. R. 117. As where the
lease contains a proviso that if the rent shall be behind and unpaid, for
the space of thirty, or any other number of days, it must be made on the
thirtieth or last day. Com. Dig. Rent, D 7; Bac. Abr. Rent, I.
7.-4. It must be made a convenient time before sunset, that the money
may be counted and a receipt given, while there is light enough reasonably
to do so therefore proof of a demand in the afternoon of the last day,
without showing in what part of the afternoon it was made, and that it was
towards sunset or late in the afternoon, is not sufficient. Jackson v.
Harrison, 17 Johns. 66; Com. Dig. Rent, D 7; Bac. Abr. Rent, I.
8.-5. It must be made upon the land, and at the most notorious place of
it. 6 Bac. Abr. 31; 2 Roll. Abr. 428; see 16 Johns. 222. Therefore, if there
be a dwelling-house upon the laud, the demand must be made at the front
door, though it is not necessary to enter the house, notwithstanding the
door be open; if woodland be the subject of the lease, a demand ought to be
made at the gate, or some highway leading through the woods as the most
notorious. Co. Litt. 202; Com. Dig. Rent, D. 6.
9.-6. Unless a place is appointed where the rent is payable, in which
case a demand must be made at such place; Com. Dig. Rent, D. 6; for the
presumption is the tenant was there to pay it. Bac. Abr. Rent, I.
10.-7. A demand of the rent must be made in fact, although there should
be no person on the land ready to pay it. Bac. Ab. Rent, I.
11.-8. If after these requisites have been performed by the lessor or
reversioner, the tenant neglects or refuses to pay the rent, and no
sufficient distress can be found on the premises, then the lessor or
reversioner is to reenter. 6 Serg. & Rawle, 151; 8 Watts, R. 51; 1 Saund.
287, n. 16. He should then openly declare before the witnesses he may have
provided for the purpose, that for the want of a sufficient distress, and
because of the non-payment of the rent demanded, mentioning the amount, he
reenters and re-possesses himself of the premises.
12. A tender of the rent by the tenant to the lessor, made on the last
day, either on or off the premises, will save the forfeiture.
13. It follows as a necessary inference from what has been premised,
that a demand made before or after the last day which the lessee has to pay
the rent, in order to prevent the forfeiture, or off the land, will not be
sufficient to defeat the estate. 7 T. R. 11 7.
14. The forfeiture may be waived by the lessor, in the case of a lease
for years, by his acceptance of rent, accruing since the forfeiture,
provided he knew of the cause. 3 Rep. 64.
15. A reentry cannot be made for nonpayment of rent if there is any
distrainable property on the premises, which may be taken in satisfaction of
the rent, and every part of the premises must be searched. 2 Phil. Ev. 180.
16. The entry may be made by the lessor or reversioner himself, or by
attorney; Cro. Eliz. 601; 7 T. R. 117; the entry of one joint tenant or
tenant in common, enures to the benefit of the whole. Hob 120.
17. After the entry has been made, evidence of it ought to be
perpetuated.
18. Courts of chancery will generally make the lessor account to the
lessee for the profits of the estate, during the time of his being in
possession; and will compel him, after he has satisfied the rent in arrear,
and the costs attending his entry, and detention of the lands, to give up
the possession to the lessee, and to pay him the surplus profits of the
estate. 1 Co. Litt. 203 a, n. 3; 1 Lev. 170; T.. Raym. 135, 158; 3 Cruise,
299, 300. See also 6 Binn. 420; 18 Ves. 60; Bac. Ab. Rent, K; 3 Call, 491;
18 Ves. 58 2 Story, Eq. Jur. Sec. 1315; 4 Bing. R. 178; 33 En. C. L. It.
312, 1 How. S. C. R. 211
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