Proceedings to Dispossess Tenant. 1006. Affidavit to Remove Tenant for Non-payment of Rent.(e). [As in Form 750 to the*, continuing thus:] that on the day of deponent demanded the said rent from the said Y. Z., at by deliver ing to him personally [or, by leaving, in the absence of said tenant, st his last-or, usual-place of residence, with his wife-or, son of mature age-residing on the premises, a notice, of which a copy is annexed]. That the said Y. Z. has not yet paid the said rent, in pursuance of the agreement under which the premises were demised to him, or delivered possession of the said premises; but he has made default in the payment of the said rent; and holds over and continues in possession of the said prenises without the permission of this deponent, and that satisfaction of the said rent cannot be obtained by distress of any goods or chattels. SWORN [etc., as in Form 858]. [Signature] To Y. Z., of 1007. Summons to Tenant, to Show Cause. : Whereas, A. B., of said of has made oath in writing, and [here recite presented the same to me, that on or about the day of the complaint stated in the affidavit]: Therefore, in the name of the People of the State of New York, you are hereby summoned and required forthwith to remove from the said premises, or show cause before me, at my office in day of at o'clock in the why possession of the said premises should not be delivered to the said landlord. on the [Signature of] Justice of the Peace. 1008. Affidavit of Service of the Summons. 88. O. P., of the town of , in the said county, being sworn, says, that on the day of instant, he served the annexed summons upon Y. Z the tenant therein named, by delivering to him personally a true copy thereof, at the same time showing him the original [or, by leaving, in the absence of said tenant, at his last-or, usual-place of residence, with his wife, residing on the premises, a true copy thereof-or, by leaving, in the absence of said tenant, at his last-or, usual-place of residence, with mature age, residing on the premises, a true copy thereof]. SWORN [etc., as in Form 858]. (e) This affidavit must state facts showing the conventional relation of landlord and tenant, and should show how much [Signature] of 1 rent is due, and how it was demanded, and also should distinctly designate the premises. Proceedings to Dispossess. 1009. Warrant to Dispossess Tenant Who Holds Over After Expiration of No. in the in said county, made oath in that on or about the day of then next ensuing, and that the said Y. Z. held over and continued in possession of said premises, after the expiration of the aforesaid term therein, without the permission of the said landlord; whereupon I issued a summons, requiring the said tenant forthwith to remove from the said premises, or show cause before me at a certain time, now past, why the possession of the said premises should not be delivered to the landlord; + and no sufficient cause having been shown to the contrary, and I, being satisfied, by due proof, of the service of the said summons, did render judgment in the said matter in favor of the said A. B., against the said Y. Z., and that the said premises should be delivered to the said A. B., as the landlord, and did enter the said judgment in my docket, and did include in said judgment the sum of dollars as the costs of such proceedings to the said A. B.: I do, therefore, in the name of the People of the State of New York, command you to remove all persons from the said premises, and to put the said A. B. in full possession thereof; and you are further commanded to collect the said sum of dollars, costs, of the goods and chattels of the said Y. Z. WITNESS [etc., as in Form 1007]. 1010. Warrant to Dispossess Tenant at Will, or at Sufferance, After Notice. [As in preceding form to the *, continuing:] that since the day of had held and occupied the street, where he then resided, as his tenant and at his will, without any certain time agreed on for the Proceedings to Dispossess Tenant. 1011. Warrant to Dispossess, in Default of the Payment of Rent. in [As in Form 1009 to the *, continuing:] that Y. Z. was justly indebted to him in the sum of dollars, for rent of the house and lot known as No. street, in aforesaid; that he demanded the said "rent from the said Y. Z., who had made default in the payment thereof pursuant to the agreement under which the premises were let; and that the said Y. Z. held over and continued in possession of the same without the permission of the said landlord, after such default; whereupon I issued a summons requiring the said tenant forthwith to remove from the said premises, or show cause before me, at a certain time now past, why the possession of the said premises should not be delivered to the landlord [continue as in Form 1009 from the to the end]. 1012. Return of Officer to Warrant. Pursuant to the command of the above warrant, I have this day put A. B., therein named, in full possession of the premises therein mentioned. [Date.] [Signature of] Constable [or, Marshal] of, etc. 1013. Affidavit of the Tenant Denying Some Material Fact Stated in the Landlord's Affidavit. Y. Z., of A. B. the sum of being duly sworn, says, that he does not owe to the said for the rent of the house mentioned, nor any rent whatever therefor, as is alleged by the said A. B., in an affidavit lately on which proceedings have been had to remove made before deponent from the premises. SWORN [etc., as in Form 858]. [Signature.] COUNTY OF 1014. Precept to Summon a Jury. 88. " To the sheriff [or, as in Form 1009], greeting: WHEREAS I, the undersigned [title of magistrate], for the purpose of forming a jury to try certain matters in controversy between A. B.,'landlord, and Y. Z., tenant, have in due form of law nominated [here name the jurors] twelve reputable persons, qualified to serve as jurors in courts of record: You are, therefore, hereby commanded, in the name of the People of the State of New York, to summon the above-named persons so nominated, to appear before me, at my office in of [Date.] 18 to try the said matters in difference. on the day [Signature.] Forcible Entry. 1015. Warrant to Dispossess After Verdict Against the Tenant. [This may be framed substantially as Forms 1009 to 1011, inserting the following recital:] AND WHEREAS, on [or, before] the time appointed in such summons, the said Y. Z. being in [or, claiming] possession of said premises, having filed an affidavit with me, the undersigned, who issued said summons, denying [some of] the facts upon which said summons was issued; and a jury having been regularly nominated, summoned, drawn and sworn, in pursuance of the statute, to determine the matters controverted between the said parties; and the said jury after hearing the proofs and allegations of the parties, and being kept together by a proper officer duly sworn until they were agreed on their verdict, having found a verdict in favor of the said A. B. COUNTY OF III. FORCIBLE ENTRY AND DETAINER. 1016. Complaint for Forcible Entry and Detainer. A. B., of in the year 18 at in said county, complains to [here insert name and title of magistrate], and shows that Y. Z., of aforesaid, on the day of in the county aforesaid, unlawfully made a forcible entry into the lands and possessions of this complainantto wit [here describe the premises], and then and there with a strong hand and with a multitude of people, did violently, forcibly and unlawfully eject and expel the complainant from his said lands and possessions, wherein this complainant had at the time aforesaid an estate of freehold [or other estate or right of possession, as the case may be], then and still subsisting; and that the said Y. Z. still holds and detains the said lands and possessions from the complainant unlawfully, forcibly and with a strong hand, and against the [Signature.] A. B., of the complainant above named, being duly sworn, says that the matters stated in the foregoing complaint are true to his knowledge, and that he had an estate of freehold [or other estate or right of possession] in the said at the time of the said forcible entry and detainer, which then was and still is subsisting. SWORN [etc., as in Form 858]. [Signature.] Leases. CHAPTER LIV. LEASES. Writing and recording.-By the Statute of Frauds, leases of lands for a period exceeding three years must be in writing, subscribed by the party sought to be charged thereby, or by his agent authorized in writing. This statute has, however, been modified in some of the States in respect to the number of years of leases to which it is to apply. Thus, in New York, leases for a period exceed ing one year must be in writing. In the same way, the rule as to what leases should be recorded varies in the different States. In New York, a lease for a period exceeding three years should be recorded. In some other States, the rule only applies to leases for seven years and upwards. In the State of New York, leases of agricultural lands for more than twelve years are prohibited. Covenants.-The obligation to repair depends upon the terms of the lease. Under the ordinary covenant, in a lease to keep the premises in good and sufficient repair, the lessee is bound to do substantial repairs; but if the house was dilapidated at the commencement of the lease, the lessee is not bound to restore it in an improved state; but he must keep it in the state in which it was at the commencement of the lease by the timely expenditure of money and care. In the absence of any special stipulation, the lessee is not bound to rebuild a house accidentally burnt down; but if he enters into a general covenant to repair, without any exception, he is liable to restore any house or building which may be destroyed by fire, tempest, lightning or any other accident. A tenant who is under no obligations to do substantial repairs cannot require the landlord to do them. But by a recent statute, in New York the rent ceases, if the premises are destroyed by fire.(a) If it is intended that the lessee shall insure the premises, there should be an express covenant to that effect on his part, which should specify in whose name the insurance is to be, and the amount of the insurance. It is best also to. name the company, or provide that the company shall be one approved by the lessor. The lessee should be bound to deliver or produce to the lessor the insurance policy and the receipts for the premiums. A lease often contains a covenant by the lessee not to assign or underlet without the lessor's license. Such a covenant does not prevent a bequest of the term. And a deposit of a lease by way of security is not a forfeiture of a condition "not to underlet, alien, sell, assign, transfer, and set over or otherwise part with" the lease or premises without the license of the lessor. A covenant not to underlet is not broken by an assignment; and a covenant not to assign or otherwise put away the lease or premises does not prevent the lessee from granting an underlease. A covenant not to grant, let, assign, charge or dispose of the premises, is not broken by the lessee giving a warrant of attorney to enter up judgment against him by way of security for bona-fide debts. Conditions.-Where matters on either side are intended to be conditions, so (a) See note (e). |