Milford chronicle., 1905-07-14
Landlord and Tenant.
NO. 4.-THE OBLIGATION TO MAKE
REPAIRS.

Aside from any agreement by which the
I tenant has bound himself TO make repairs he
is under no legal obligation to do so, where
the damage il ordinary wear and tear oI
came by inevitable accident or by the wrong
ful act OF stranger. This means, therefore,
that aside from an agreement to a different
effect,the tenant is bound only to take rea-
sonable care OF the premises. He must so
treat the property that It may revert to the
landlord unimpaired by any wilful or negli-
gent conduct on his part. Where, however,
the tenant has agreed to make repairs, he
must make good all loss or damage, and must
even rebuild in case of partial or total de
struction OF the premises, even though with
out his fault
! Usually the contract to repair contains the
expression, "ordinary wear and tear and
damage by the elements excepted" Just
what damage by the elements" Is is not def
initely settled by the courts. Some incline
to hold 1t is the same as an "act OF God" or
such happening as man could not foresee
nor provide against. and such as that human
agency IN the matter was absent; hence loss
by flood from the breaking OF dam was not
damage by the elements" and the tenant
was held bSund TO repair. But in most States
probably, In Michigan surely, such language
excuses the tenant in case Of damage by flood !
or fire where the tenant was not at fault.
As de from agreement,as stated the tenant /
is not bound to repair damage that is ordinary
wear aud tear,or where caused by an inevita-
Die accident or the wrongful act Of others. So
tenant need not replace plate glass win
dow broken by a stranger. or make good a
loss from a falling chimney.
In Georgia, ia,Louisiana,a and California in the
absence Of agreement the statutes make It
'he duty Of the landlord to make repairs, and
Connecticut, New York, and New Jersey
nave statutes exonerating the tenant from
ent IN case the premises become untenanta.
'le without the fault OF the tenant. But in
hese states the provisions OF the lease will
overn Notwithstanding the statutes. :
AS a iurther apparent exception to the gen.
raj rule that the tenant is bound only to
axe reasonable care, II is generally held that
e must Keep up fences, and keep the prem .
es Wino ana water tight. This obligation
the tenant is rather one Of protection than 3
ne OF repairs. The tenant is generally bound
take reasonable measures to protect the
'emlses' tho not called on to repair them.
5, II there Is leak in the roof he could rot
e1cusable for resulting damage If. know
g II, he permitted the water to soak through
acing OF a receptacle under the hole in the
OF the damage could have been easily aver
d He should stop up holes in windows
orsetc but when the defect was not caused
him, he is not bound to make the win.
ws and doors good.
Aisoaside from agreement, the landlord is
bound to make repairs save in the states
med above, where statutes SO provide.
is Is so even tho the building be de-
DYED, In that place he may still collect
rent,save in the states OF New York, Min
'ota, California, Georgia and Louisians.
he landlord has, in general, a right to enter
make necessary repairs, but must do so
reasonable times and in a reasonable man
mere landlord has agreed in the lease to
Ke repairs he is entitled TO notice before he
d gefault
parole promise to make repairs, given by
ndlord, after lease has been executed, is
l. 10 be cOntinued.l