The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-25
THE PLUMBERS ALL RIGHT.
The Question l. Whether Landlord
or Tenant Shall Foot the BiII.

Ihe question Il " heIhcr Landlord
or Tenant Shall Foot the BiII.
The Savannah plumbers are sim reap
ing harvest as the result Of Februarys
cold weather. and though The situation
is not quite so lively now as it was
Few days ago. the W5rk still continues
and there is a good deal Of repairing
yet 10 be done.
The Situation has brought about many
dispute between landlord and tenant
as 10 who should stand the heavy expen-
ses necessary for repairs in many in
stances. In some houses and stores there
was a general wreck Of the plumbing
throughout, and the true condition in
all OF them was not determined until az
ter the thaw came. In many instances
the landlords either put their tenants
on notice that they would have 10 make
all repairs. and in some instances the
landlords maintained q stubborn silence
and made no motion 10 put the houses
in proper condition.
Those houses which were examined By
the sanitary inspectors ana found i'm an
unsanitary condition as the result of hav-
ing no water were reported 70 the health
officer. In these cases the landlords We're
notified that they would have TO make
the needed repairs AT once, and there
was nothing 10 do but submit or have
their names entered on the docket. some
tenants, however, submitted 10 the de-
mands of the landlords but not without
protest, though perhaps some Of them
were unaware that they had all the law
IN the case en- their side. Others who
knew this took advantage OF il and made
their landlords do the work.
The code of Georgia states positively
and distinctly that the landlord must keep
the premises in repair The only excep-
ton that can be taken 10 this law Is
where there is an express contract to the
contrary between the landlord and tenant
by which the latter agrees to do the
work. The fact that such a contract is
mentioned shows that the case where the
tenant repairs the premises Is the ex-
ceptlon rather than the rule. The su-
preme court has construed the code in
several cases which have been taken be-
fore fl. and states in general that the
landlord must keep the premises i'm a con-
ditton suitable TO the purposes for which
they are rented by the tenant. If the
premises are damaged by wear and tear
or through providential causes where there
Is no fault upon the part of the tenant,
and after due notice has been given, the
landlord fails TO make the repairs within
reasonable time, the courts have held
suit of such unsuitable condition of the
premises, and In many instances land
lords have been made to pay such dam
ages.
If by reason of the delay OF a landlord to
make such repairs, and no damage results
to the tenants property. the property
becomes unfit for the purposes for which
IL was rented, it has been held that the
inactiOn on the part of the landlord
amounts to an eviction. and the tenant
can leave without paying any rent I.
will be seen from this summary Of the
law, that it is all on the side Of the ten
ant, and he cannot be compelled by the
landlord to repair the plumbing in q
house or any other damage in which he
is not at fault, unless there is an express
contract between the two in which the
tenant has agreed to do it.
Many landlords are now making such
contracts i'm renting their places, and
some of them will not let them out under
any other circumstance. They have per
haps had experience with the law, which
has not been altogether to their liking.
though when such contracts are consented
to by tenants the landlords can scarcely
hope to collect as high rents as they
would under other circumstances.