1520. Liability for Rent
Where the lodger has removed, and there are no goods whereon to make a levy, the rent becomes a debt, and can only be recovered as such in the County Court of the district.
1521. Agreement for Letting a Furnished House or Apartment
Memorandum of an agreement made and entered into this —— day of ——, 18 , between R.A., of ——, of the one part, and L.O., of ——, of the other part, as follows:—That the said R.A. agrees to let, and the said L.O. to take, all that messuage or tenement (with the garden and appurtenances thereto) situate at, &c. [or if an apartment be the subject of demise, all the entire first floor, particularly describing the other appurtenances], together with all the furniture, fixtures, and other things mentioned and comprised in the schedule hereunder written, for the space of —— months, to be computed from the —— day of ——, at the rent of —— pounds per quarter, payable quarterly, the first quarterly payment to be made on the —— day of —— next ensuing the date hereof. And it is further agreed, by and between the said parties, that each party shall be at liberty to determine the said tenancy, on giving to the other a quarter's notice in writing. And the said L.O. agrees, that in the determination of the tenancy, he will deliver up the said dwelling-house (or the entire first floor, &c.), together with all the fixtures and furniture as aforesaid, in as good a condition as the same now are, reasonable wear and tear thereof excepted, and shall and will replace any of the crockery and china or other utensils that shall be broken or otherwise damaged. In witness, &c.—[Here is to follow the Inventory, or List of Articles referred to above.]
1522. Remedies to Recover Rent
Distress is the most efficient remedy to recover rent, but care should be taken that it be done legally; if the distress be illegal, the party aggrieved has a remedy by action for damages. Excessive distresses are illegal. The distrainer ought only to take sufficient to recover the rent due, and costs; if, however, the articles sell for a greater sum than is sufficient to pay these, the remainder must be returned to the tenant, who can demand a bill of the sale, and recover the overplus, if any.
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