Lease certainty and non-heritable tenancy rights limit statutory protection where death fixes duration and the deed excludes succession.

A lease for the lessee's lifetime, determinable on death, was held sufficiently certain because its duration could be fixed by a future contingency; the rent control statute therefore applied. The heirs in possession could not claim statutory tenancy where the lease deed expressly denied heritable rights and required vacating after the lessee's death, and the governing statutory provision did not override that contractual exclusion. The landlord's right to recover possession was upheld and the trial court's dismissal was reversed.

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Issues: (i) Whether a lease for the lessee's lifetime, determinable on his death, is excluded from the rent control statute because the period is not certain on the date of execution; (ii) Whether the heirs in possession could claim statutory tenancy under the definition of tenant despite a covenant denying heritable rights and requiring delivery of possession after the lessee's death.

Issue (i): Whether a lease for the lessee's lifetime, determinable on his death, is excluded from the rent control statute because the period is not certain on the date of execution.

Analysis: The controlling question was whether the lease had to state a fixed period at its inception, or whether it was enough that the term could be made certain by a future event. The lease provided for enjoyment during the natural life of the lessee and became determinable on death. The statutory scheme concerning leases for a period not less than the prescribed limit was read in light of the principle that a term is valid if its maximum duration can be ascertained when the lease commences or can be rendered certain by a future contingency. Death was treated as a certain event capable of fixing the duration.

Conclusion: The lease was not excluded on the ground of uncertainty, and the rent control statute applied.

Issue (ii): Whether the heirs in possession could claim statutory tenancy under the definition of tenant despite a covenant denying heritable rights and requiring delivery of possession after the lessee's death.

Analysis: The definition of tenant was inclusive, but the statute protecting tenants against eviction was construed with reference to its wording. The Court held that the particular provision did not override a contract of the kind involved here, since the statute spoke only of recovery of possession notwithstanding anything contrary in other law, unlike other provisions that expressly overrode contracts. The lease deed expressly denied heritable rights and required the heirs to vacate within three months after death. On that language, the heirs could not claim tenancy rights under the statute.

Conclusion: The heirs were not entitled to claim statutory tenancy contrary to the covenant in the lease deed.

Final Conclusion: The appeal failed, the landlord's right to recover possession was upheld, and the dismissal of the suit by the trial court stood reversed.

Ratio Decidendi: A lease is sufficiently certain if its duration can be made certain by a future event, but a statutory tenant's protection cannot be claimed where the governing statute permits the parties to contract out of heritable tenancy and the lease expressly excludes such heritability.

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