<h2>CHAPTER 8</h2>
<h3>THE RENTING CONTRACT</h3>
<h4>§ I. NATURE AND DEFINITION OF RENT</h4>
<div class="sidenote">Temporary use and permanent possession of agents</div>
<p>1. <i>The temporary use of materials and power and their sources is
necessary to bring most enjoyable goods into being.</i> Indirect goods have
value solely because they help to get direct goods. The apple-tree is
valued because it bears fruit, and the orchard because the trees give
promise of yielding a succession of crops for years to come. There are
thus two problems of value in connection with durable goods: that of the
value of a temporary use for a brief period, as for a year; and that of
the value of a thing itself, the use-bearer, for a long series of years
or in perpetuity. To explain what fixes the value of the temporary use
is the problem of rent; to explain what determines the value of
long-continued use or of permanent control and ownership of a use-bearer
is the problem of capitalization.</p>
<div class="sidenote">Origin of the term rent</div>
<p>2. <i>The term rent is used in a number of senses, which must be carefully
distinguished.</i> The original meaning of rent was any regular income or
revenue arising from wealth. The word comes from the low Latin <i>renta</i>
from <i>renda</i>, in turn from <i>redditus</i>, that which is given, yielded or
given back, or <i>rendita</i>, that which is given or returned. The French
<i>rendre</i> (English render), to give or return that which belongs to one,
is used very early. Chaucer used "rente" as an income. "Cattle had he
enough and rente," cattle probably meaning property (chattels), and
rente income. Rental is a collective term for a number of rents.<span class="pagenum"><SPAN name="Page_54" id="Page_54">[Pg 54]</SPAN></span> The
total yield of an estate was called its rental or rent-roll, and a list
of the various sources of income, including all payments from tenants in
money, produce or services, constituted its rental.</p>
<div class="sidenote">Popular and special meaning of rent</div>
<p>3. <i>The popular meaning of rent is the amount paid for the use of
material things which must be returned to the owners after the time of
use agreed upon.</i> We speak of the rent of a house, boat, etc., using the
word as a synonym for hire. In the European languages the word is used
more frequently in that sense. In the French <i>la rente</i> means the income
from any kind of property; but corporate securities and national bonds
came particularly to be called <i>les rentes</i>, because they are a form of
investment yielding a permanent income. The one who has a perpetual
income from bonds or rents is called a <i>rentier</i>. In German the term
<i>Rente</i> is used more broadly than in English, as an income of any sort,
<i>Grundrente</i> meaning the rent of land, and <i>Capitalrente</i> the income
usually in England called interest.</p>
<p>A restricted meaning has long been applied by economists to the word:
the income yielded by lands, etc. This was put in contrast with interest
for money and capital, and with wages of labor. This meaning is now
being abandoned by economic students.</p>
<p>A wider meaning recently given to the word by many economists turns on
the supposed relation of some portions of price to cost of production.
Thus, frequent use is made of the expressions: consumer's rent,
producer's rent, buyer's rent, seller's rent, etc. In the well-founded
opinion of some recent critics this usage rests on a mistaken reasoning.
However, in the midst of this wide variety of usage the student must be
forewarned and alert. Doubtless agreement will at length be arrived at.
Meantime, no economist can dictate what meaning is to be attached to the
term, but one may suggest the definition that seems to him most
expedient. Throughout this work we shall endeavor to use the term rent
uniformly and consistently as it is now to be defined.</p>
<p><span class="pagenum"><SPAN name="Page_55" id="Page_55">[Pg 55]</SPAN></span></p>
<div class="sidenote">The essence of rent</div>
<p>4. <i>The essential thought in rent, as we shall use it, is that it is the
value of the usufruct as distinguished from the value of the use-bearer
or thing itself.</i> The meaning of usufruct is the use of the fruits, or
in legal phrase: "the right of using and enjoying the income of an
estate or other thing belonging to another, without impairing the
substance." The obvious fact is that fruits can be eaten without
destroying the tree, the harvest gathered without destroying the field.
By a metaphor the word in legal discussion is applied to the use of any
product, and we shall employ it, as in common speech, in reference to
one's own goods as well as to the goods of another.</p>
<div class="sidenote">Rented agents are looked upon as durable</div>
<p>The qualities whose use gives value are not usually indestructible, but
they are treated as undestroyed. There is a famous phrase used by
Ricardo, "rent is paid for the original and indestructible qualities of
the soil." He said "indestructible," but the word is not apt. There are
many qualities in the fertile field that <i>must</i> be destroyed when it is
used. Every economist since Ricardo's time has recognized this, and many
excuses for the inaccuracy have been given. After every harvest, the
field is less serviceable than before, and if it is to be of the same
grade of efficiency, the fertile elements must be restored. We cannot
assert that Ricardo meant <i>undestroyed</i>, for he was not quite clear on
the question. But it is evident that one can count as true income only
that part of the value of product that remains after full repairs have
been made. It is only by a fiction that most indirect agents can be
regarded as indestructible. Things yielding rent are not indestructible,
but generally they are preserved undestroyed.</p>
<div class="sidenote">True rent a net income</div>
<p>5. <i>A distinction must be made between gross and net, or true and false
rent.</i> Before the usufruct is estimated, allowance must be made for
repairs, depreciation, and for various expenses which absorb a good
portion of the gross product. When this allowance has been made, the
income may be considered as a net sum not due to the sale, or to<span class="pagenum"><SPAN name="Page_56" id="Page_56">[Pg 56]</SPAN></span> the
using up of any part of the thing rented. This is the essential thought
in typical rent—that it is the value of the surplus, or net product, of
an economic agent leaving the agent itself unimpaired in efficiency. The
total product is sometimes called the "gross rent," but economic rent is
"net rent." This thought is made clearer by the following discussion.</p>
<h4>§ II. THE HISTORY OF CONTRACT RENT AND CHANGES IN IT</h4>
<div class="sidenote">Economic and contract rent distinguished</div>
<p>1. <i>Economic rent (likewise called natural, competitive, and sometimes
rack rent) is to be distinguished from contract rent.</i> Economic rent is
the market value of the usufruct, and contract rent is the amount a man
pays for the use of wealth by virtue of an existing agreement. The one
is impersonal or economic; the other is personal or legal, being fixed
by agreements between persons. The rents usually spoken of are contract
rents.</p>
<p>The two diverge more or less. If the contract has been lately made the
two will be nearly the same. Contracts of long standing often bind the
tenant or borrower to pay either more or less than the present
competitive price. If, after a time, the value of the use is greater
than the contract rent, the tenant is fortunate in having his lease. But
he is the loser if he is bound by lease or agreement to pay rent in a
locality where land has become less valuable.</p>
<p>Economic and contract rent usually diverge also because of the agreement
that the owner, or lender, keep up the repairs and pay the taxes. Here
it is simply the difference between gross and net rent.</p>
<p>Custom may prevent the owner from charging all the usufruct of the agent
is worth. If the contract rent is less than the economic rent, evidently
the borrower enjoys a part of the usufruct, without charge, and to that
degree is in the position of an owner. The usufruct in this case is
divided between the two parties. Such instances were numerous in<span class="pagenum"><SPAN name="Page_57" id="Page_57">[Pg 57]</SPAN></span> the
Middle Ages in the renting of land, and still are found in many
countries.</p>
<p>Contract rent is based on economic rent and tends to conform to it
whenever there is competition. The existence of economic rent is the
basis of the agreement to pay contract rent. Prospective hirers of
agents forecast what the use will be worth to them and make their bids
accordingly.</p>
<div class="sidenote">The renting contract for the use of wealth</div>
<p>2. <i>The renting contract is the agreement of a borrower to pay for the
use of a thing and, at the end of the time, to restore it in good
condition or pay for its complete repair.</i> In practical business it is
necessary to have definite agreements to prevent disputes. Some provide
that one party, some that the other party, shall keep up repairs. The
form of the renting contract is observed by men in estimating the uses
of their own wealth where no contract exists. If they count the gross
product of an agent as rent, it is bad bookkeeping. In many cases it is
necessary, therefore, to follow the form of the renting contract in
order to determine the net yield of indirect goods.</p>
<div class="sidenote">The renting contract in the middle Ages</div>
<p>3. <i>In early stages of industry the use of nearly all wealth is
estimated under the renting contract.</i> In the lower stages of culture,
in hunting, fishing, or nomadic pastoral tribes, land is not recognized
as wealth to be exchanged or owned. But at a later stage, as in the
Middle Ages in Europe, land and the things pertaining to it, as ditches,
houses, mills, cattle, stock, and the few simple implements, constituted
the larger portion of the wealth. Land was granted to the tenant or serf
in return for services. The contract was pretty strictly drawn and all
items were specified. It was not hard to hold the tenant to his contract
to keep the land in about the same condition. There was a certain
rotation of crops; the tenant was obliged to keep his stock up to
standard; and, moreover, he had a certain interest in the land because
his contract rent (as explained above) was less than the economic rent.
The landlord, therefore, could count<span class="pagenum"><SPAN name="Page_58" id="Page_58">[Pg 58]</SPAN></span> pretty surely on the undiminished
power of his land and stock from one year to another.</p>
<p>At that time, truck and barter were the common modes of exchange, and
rents were paid in products and services, not in money. The fruits of
the soil were consumed on the spot instead of being sold as now. Land
was rarely, if ever, sold outright, so that there was no occasion to
estimate its total selling value. It was thought of as a place on which
to live and as a source of livelihood. Its yearly use was all that was
subject to contract, sale, and exchange. Not the land itself but a <i>rent
charge</i> on the land was sold, the term rent charge meaning an annual sum
payable out of the yield of an estate. Many medieval estates were so
tied up by legal conditions that they could not be sold outright; all
that the owner could do was to sell or mortgage the annual rental. Thus,
in the Middle Ages, it was all but universal to look upon most indirect
agents as exchangeable only under the renting contract, as subject to
renting but not to complete transfer and sale.</p>
<div class="sidenote">The renting contract not convenient in commerce</div>
<p>4. <i>As industry developed, the renting contract remained almost wholly
confined to cases of renting lands and houses.</i> The materials and
appliances needed for manufacture and commerce are so manifold and
varying in quality that the rent-form of contract is very cumbersome and
difficult for exchangers to enforce. If a merchant about to embark on a
trading journey wished to rent a ship and a stock of goods, the renting
contract became most difficult to interpret. He must agree to repay the
loan in goods of the same kind and quality as those received, a contract
most difficult to execute, and giving occasion to costly tests and
countless disagreements. It was much easier for the merchant to get his
loan under the interest contract, <i>i.e.</i>, a money loan, with which to
buy the goods. With the growth of industry and commerce, wealth
increased in towns, taking many forms, as those of ships, wagons, tools,
and stocks of goods, that could not conveniently be rented.</p>
<p><span class="pagenum"><SPAN name="Page_59" id="Page_59">[Pg 59]</SPAN></span></p>
<div class="sidenote">The thought of it remains associated with a rural economy</div>
<p>In England, the country which developed its industrial system earliest,
the idea of rent, therefore, gradually became disassociated almost
entirely from the use or hire of any wealth but land and real property.
Because in the Middle Ages rent was associated almost entirely with
natural resources, they being the only important forms of wealth which
men rented from others, there was fostered the idea that the essential
mark of rent is the connection with natural resources. It is a simple
example of the association of ideas. In the transfer or loan of movable
goods, the rent contract was quite overshadowed by the other form of
contract, that of a money loan. According to this explanation the
essential and primary difference between renting wealth and borrowing
money at interest is not in the kind of wealth whose use is thus
temporarily transferred, but in the nature of the contract. But as forms
of wealth differ in their fitness for transfer under the two forms of
contract, there goes on a competition between them, as a result of which
each becomes associated with certain groups of goods. In the Middle Ages
the renting contract was the dominant form, but it has been
progressively displaced by loans in the money form, and its importance
is still declining.</p>
<div class="sidenote">Renting contracts most used with land</div>
<p>5. <i>The main forms of wealth whose usufruct is still sold under long
renting contracts are land and its more durable improvements.</i> In
England farms are let under long leases, a very common form being the
thirty-year lease. Under the old, almost fixed, conditions in
agriculture such a lease was equitable, but when prices are rapidly
changing and when new methods are being introduced, it gives rise to
great hardships. About twenty-five years ago, the great fall in the
price of agricultural products brought ruin to many of the tenant
farmers. The land troubles in Ireland have been largely about tenants'
improvements. When the lease expired, the landlord could appropriate all
the improvements that the tenant had made. In America farms are let
usually on shares, and from year to year, but the plan of a money rent
is increasingly followed. The difficulty of getting an equitable
arrangement between landlord and tenant is recognized<span class="pagenum"><SPAN name="Page_60" id="Page_60">[Pg 60]</SPAN></span> by all. The
landlord must make the proper repairs or see that they are made; he must
specify in the contract whether the products can be taken away or are to
be fed on the place so that the soil may not be impoverished, and he
must provide for the purchase of other fertilizers. On the other hand,
the tenant under the renting contract has little motive for improvement,
and many occasions for discontent. So in America, far more than in the
older countries, land changes hands by sale, the purchaser going into
debt for it, giving his note and paying interest on the loan rather than
rent for the farm.</p>
<div class="sidenote">But many other goods are rented</div>
<p>Many less durable goods are rented for brief periods. Carriages are
rented for the day, bicycles by the week or month. Sewing-machines,
boats, guns, tents, and even diamond engagement rings, yield their joys
under the renting contract. People frequently hesitate between the
renting and the purchase of a piano, and in some cases renting is the
more convenient and desirable way of securing its use. The purchase of a
dress-coat or of a masquerade-suit to be worn but once, involves for
some an excessive and needless sacrifice. For a moderate sum its
temporary use may be had, and it is then returned, little the worse for
wear, to the accommodating clothier.</p>
<div class="sidenote">Economic rent much wider than the renting contract</div>
<p>A final word of caution may be given. Economic rent is not confined to
the cases of contract rent. It exists in every case where a more or less
durable agent yields a use that is scarce and desirable. The owner who
uses a thing himself gets the advantage in the product as clearly as if
he collected rent from a borrower. Houses lived in by the owners, house
furnishings, clothing, books, all scarce and durable agents, are
yielding rents in this logical sense. To the economist, therefore, the
problem of economic rent, as one of the grand divisions of the problem
of value, remains of undiminished importance, for in these unceasing
streams of uses emanating from our environment, is found the basis for
the value of all durable wealth.</p>
<hr class="chap" />
<p><span class="pagenum"><SPAN name="Page_61" id="Page_61">[Pg 61]</SPAN></span></p>
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