THE REMEDIES OF A LANDLORD AGAINST A SUBTENANT

Authors

Abstract

As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and concern the land, as distinguished from collateral or personal covenants. 1 TAYLOR, LANDLORD AND TENANT, 9th ed. § 260; Spencer's Case, 5 Co. 16. Equity affords the landlord additional remedies. 2 POMEROY'S EQUITY JURISPRUDENCE, 3rd ed. § 689; Morland v. Cook, L. R. 6 Eq. 251. The doctrines of equity exist independent of the rules of law concerning the running of covenants. In both England and the United States restrictive agreements regarding the use of land are uniformly enforced against a subsequent purchaser with notice, including the assignee of a lease. 2 TIFFANY, REAL PROPERTY, § 395; Crowe v. Riley, 63 Ohio 1. There is some authority that affirmative agreements are enforcible in the United States, on the theory, as stated in TIFFANY, REAL PROPERTY,§ 395, that if the agreement is for the payment of money it is deemed to create an equitable lien on the land, and if the agreement is for the doing of some other act the covenant should be enforced so far as the ordinary doctrines of specific performance are applicable.

Recommended Citation

THE REMEDIES OF A LANDLORD AGAINST A SUBTENANT, 23 Mich. L. Rev. 788 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss7/9