LESSEE. He to whom a lease is made. The subject will be considered by taking
a view, 1. Of his rights. 2. Of his duties.
2.-1. He has a right to enjoy the premises leased for the term
mentioned in the lease, and to use them for the purpose agreed upon. He may,
unless, restrained by the covenants in the lease, either assign it, or
underlet the premises. 1 Cruise, Dig. 174. By an assignment of the lease is
meant the transfer of all the tenant's interest in the estate to another
person; on the contrary, an underletting is but a partial transfer of the
property leased, the lessee retaining a reversion to himself.
3.-2. The duties of the lessee are numerous. First, he is bound to
fulfill all express covenants he has entered into in relation to the premises
leased; and, secondly, he is required to fulfill all implied covenants, which
the relation of lessee imposes upon him towards the lessor. For example, he
is bound to put the premises to no other use than that for which it was
hired; when a farm is let to him for common farming purposes, he cannot open
a mine and dig ore which may happen to be in the ground; but if the mine has
been opened, it is presumed both parties intended it should be used, unless
the lessee were expressly restrained; 1 Cruise, Dig. 132. He is required to
use the property in a tenant-like and proper manner; to take reasonable care
of it and to restore it at the end of his term, subject only to the
deterioration produced by ordinary wear and the reasonable use for which it
was demised. 12 M. & W. 827. Although he is not bound, in the absence of an
express covenant, to rebuild in case of destruction by fire or other
accident, yet he must keep the house in a habitable state if he received it
in good order. See Repairs. The lessee is required to restore the property
to the lessor at the end of the term.
4. The lessee remains chargeable, after an assignment of his term, as
before, unless the lessor has accepted the assignee; and even then he
continues liable in covenant on an express covenant, as for repairs, or to
pay rent; 2 Keb. 640; but not for the performance of an implied one, or, as
it is usually termed, a covenant in law. By the acceptance, he is discharged
from debt for arrears of future rent. Cro. Jac. 309, 334; Ham. on Parties,
129, 130.
Vide Estate for years; Lease;, Notice to quit: Tenant for years;
Underlease.
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