As applied to personalty, an estate for years differs from a contract of hiring, which is a bailment conveying no interest in the property to the bailee but merely the right of use. As applied to realty, an estate for years does not involve the relationship of landlord and tenant, in which relationship the tenant has no estate but merely has a right of use which is very similar to the right of a hirer of personalty.
(Orig. Code 1863, § 2256; Code 1868, § 2248; Code 1873, § 2274; Code 1882, § 2274; Civil Code 1895, § 3110; Civil Code 1910, § 3686; Code 1933, § 85-802.)
Cross references.- Creation of landlord and tenant relationship generally, § 44-7-1.
RESEARCH REFERENCES
Am. Jur. 2d.
- 49 Am. Jur. 2d, Landlord and Tenant, §§ 7, 8, 60 et seq.
C.J.S.- 8 C.J.S., Bailments, § 7. 51C C.J.S., Landlord and Tenant, §§ 2, 26.
ALR.
- Assignment of lease as breach of covenant against subletting, 7 A.L.R. 249; 79 A.L.R. 1379.
Duty to disclose to sublessee ownership of property, 37 A.L.R. 1455.
Right of lessee to equitable relief against forfeiture for breach of conditions as affected by lessor's giving a lease to entering into other contractual obligations with a third person, 166 A.L.R. 807.
Implied covenant or obligation to provide lessee with actual possession, 96 A.L.R.3d 1155.