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CHAPTER XII

LANDLORD AND TENANT

Section 1.-Leases.

No. 204-Lease of apartment in hotel for non-housekeeping purposes, whereunder hotel agrees to furnish house service and linen and laundry service.

No. 205-Lease of building for long term of years, whereunder landlord is to contribute to expenses of altering the

building, and tenant is given option to purchase, within specified time.

No. 206-Lease of part of building.

No. 207-Lease of space at fashion exposition.

No. 208-Lease of space for show-case purposes.

No. 209-Agreement for subletting of store, with option to renew.

Section 2.-Miscellany.

(A). Covenants by Landlord.

No. 210-Covenant by landlord to erect theatre.

No. 211-Covenant by landlord to give notice by registered mail.

No. 212-Covenant by landlord of quiet enjoyment.

No. 213-Covenant by landlord to repair, in case of fire.

No. 214-Covenant by landlord to supply elevator service.

No. 215-Covenant by landlord to supply elevator service and steam heat.

No. 216-Same-another form.

No. 217-Covenant by landlord that title to lighting fixtures shall remain in tenant.

(B). Options Reserved by Landlord.

No. 218-Option permitting landlord to elect to renew lease, or, in default thereof, to purchase building erected by tenant, at a price to be fixed by arbitration.

No. 219-Option permitting landlord to purchase buildings, which may be erected by tenant, and, in default thereof, permitting tenant to purchase the plot, upon appraised valuation.

No. 220-Option permitting landlord to terminate lease, in event authorities order alterations to building.

No. 221-Option permitting landlord to terminate lease, upon breach by tenant.

No. 222-Option permitting landlord to terminate lease, upon insolvency of tenant.

No. 223-Option permitting landlord to terminate lease, upon notice and payment of stipulated amount.

No. 224-Option permitting landlord to terminate lease, upon sale of premises.

No. 225-Same-another form.

No. 226-Same-another form.

No. 227-Same-another form.

No. 228-Same-another form.

(C).-Covenants by Tenant.

No. 229-Covenant authorizing landlord to make alterations.
No. 230-Covenant authorizing landlord to remove encroachments.
No. 231-Covenant authorizing landlord to repair, at tenant's ex-
pense, upon his default.

No. 232-Covenant by tenant to alter building into garage.

7 No. 233-Covenant by tenant that alterations, etc., shall belong to

landlord.

No. 234-Covenant by tenant to comply with orders of govern

mental departments.

No. 235-Same-another form.

No. 236-Covenant by tenant to continue liable, after summary proceedings or abandonment of premises.

No. 237-Covenant by tenant to deposit security.

7 No. 238-Covenant by tenant to discharge mechanic's lien.

7

No. 239-Covenant by tenant to execute further instruments.

No. 240-Covenant by tenant to indemnify landlord against

negligence.

No. 241-Covenant by tenant authorizing landlord to insure plate

glass, for tenant's account.

No. 242-Covenant by tenant to obtain consent to changes in electrical equipment.

No. 243-Covenant by tenant to pay deficiency upon reletting, with waiver of notice of intention to re-enter.

No. 244-Same-another form.

No. 245-Same-another form.

No. 246-Covenant by tenant to pay increase in price of coal.
No. 247-Covenant by tenant to pay increase in insurance pre-

miums.

No. 248-Covenant by tenant to pay real estate taxes and other assessments.

No. 249-Covenant by tenant to pay increase in real estate taxes. No. 250-Covenant by tenant to pay the rent as stipulated. No. 251-Covenant by tenant to pay, as rent, expenditures incurred by landlord, because of tenant's failure to perform.

- No. 252-Covenant by tenant to pay for repairs, as part of rent. No. 253-Covenant by tenant to pay water charges.

No. 254-Same-another form.

No. 255-Same-another form.

No. 256-Covenant by tenant to permit landlord to enter for inspection or repairs.

No. 257-Covenant by tenant to remove snow and ice.

No. 258-Covenant by tenant to replace damaged plate glass.

No. 259-Covenant by tenant to vacate upon sale and notice.

No. 260-Covenant by tenant to vacate such portions of a farm as

lessor may sell.

No. 261-Covenant by tenant to waive negligence of landlord.
No. 262-Covenant by tenant waiving right to redeem premises.
No. 263-Covenant by tenant not to claim award in condemnation

proceedings.

No. 264-Covenant by tenant not to place signs, without landlord's consent.

No. 265-Covenant by tenant not to post advertisements, notices or signs.

(D).-Options Granted to Tenant.

No. 266-Option permitting tenant to purchase premises at appraised value, to be determined by appraisers selected by the parties.

No. 267-Option permitting tenant to purchase premises.
No. 268-Same-another form.

No. 269-Same-another form.

No. 270-Option permitting tenant to renew lease.

(E).-Mutual Covenants.

No. 271-Mutual covenant creating a lien for amount deposited. No. 272-Mutual covenant limiting effect of particular waiver.

No. 273-Same-another form.

No. 274-Same-another form.

No. 275-Same-another form.

No. 276-Same-another form.

No. 277-Mutual covenant providing for automatic renewal, in absence of written notice to contrary.

SECTION 1.-LEASES.

No. 204.

Lease of apartment in hotel for non-housekeeping purposes, whereunder hotel agrees to furnish house service and linen and laundry service.1

AGREEMENT, made January 5, 1923, between John Doe Hotel, a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Lessor"), and Richard Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City (herein called the "Lessee"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

FIRST: That the Lessor hereby lets unto the Lessee, and the Lessee hereby hires from the Lessor, all those certain rooms from No. 137 to No. 138, inclusive, on the fifth floor of the building known as John Doe Hotel, situate at No. 111⁄2 Broadway, Borough of Manhattan, New York City, for a term of one (1) year from the 1st day of February, 1923, to the 31st day of January, 1924, to be occupied as a private dwelling apartment by the Lessee and his family only, consisting of three (3) persons, and not otherwise, for the annual rent or sum of three thousand ($3,000) dollars, payable

1 Cf. Ash v. Meeks (1909), 134 App. Div. 154, 118 N. Y. Supp. 440; Shearman v. Iroquois Hotel Co. (1903), 42 Misc. 217, 85 N. Y. Supp. 365.

in equal monthly payments of two hundred and fifty ($250) dollars each, in advance, on the first day of each month during said term.

SECOND: The above letting is upon the following conditions, and subject to the reservations hereinafter set forth, to all and each of which the Lessee assents and covenants and agrees with the Lessor to keep and perform:

1. That no cooking apparatus, or preparation of food, shall be permitted on the premises leased to the Lessee.

2. That the entire agreement between the Lessor and the Lessee is incorporated in this lease, and no verbal understanding, or agreements, shall be recognized by either party.

3. That the Lessee shall pay the rent as the same falls due, as above agreed.

4. That the Lessee shall not assign this lease, nor underlet the premises hereby demised, nor any part thereof, save with the written consent of the Lessor indorsed hereon.

5. That the Lessee shall take good care of the apartment and its fixtures and suffer no waste, or injury, and shall not drive picture or other nails into the walls or woodwork, of said premises, nor allow the same to be done; and shall, at his own cost and expense, make and do all repairs required to walls, ceilings, paper, plumbing works, pipes and fixtures belonging thereto, whenever damage and injury shall have resulted from misuse, or neglect; and, at the end, or other expiration, of the term shall deliver up the demised premises in good order and condition.

6. That the Lessee shall not make any alterations, additions, or improvements, in said premises, without the written consent of the Lessor, and that all work shall be done in a satisfactory and workmanlike manner, subject to the approval of the Lessor.

7. That the Lessor shall not be liable for any damage to any property at any time in said premises, or building, by leakage of Croton, or other, water, steam, or gas, from, or into, any part of said building in which the demised premises are situated, or from any other cause, in any event.

8. (a) That the Lessee shall permit the demised premises to be shown to applicants during three months, next before the expiration of this lease, and if the said Lessee shall not be personally present during said period, or any part thereof, to open and permit an entry into said premises, or if, at any other time, an entry shall

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