The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-07-15
POPULAR TALKS ON LAW.
Landlord and Tenant-obIigation to
Make Repairs.

Aside from any agreement by which
the tenant has bound himself to make
repairs he is under no legal obliga-
ton to do so. where the damage is
ordinary wear and tear or came by in
evitable accident or by the wrongful
act of a stranger. This means, there
fore, that, aside from an agreement to
different effect, the tenant is bound
only to take reasonab BILE care of the
premises. He must so treat the prop
erty that it may revert to the landlord
! unimpaired by any wilful or negligent
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 a
partial or total destruction of the
premises, even though without his
fault.
Usually the contract to repair con-
tains the expression, ordinary wear
and tear and damage by the elements
| excepted" Just what damage by the
! elements" is is not definitely settled by
the courts. Some incline to hold it is
| the same as an ''act of God" or such
| a happening as man could not foreSee,
nor provide against, and such as that
human agency in the matter was alb
sent; hence loss by flood from the
breaking of a dam was not damage
by the elements" and the tenant was
! held bound 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.
Aside from agreement, as stated, the
tenant is not bound to repair damage
| that is ordinary wear and tear, or
where caused by an inevitable accident
or the wrongful act of others. So a
| tenant need not replace plate glass
window broken by a stranger. or make
good loss from a falling chimney.
! In Georgia, Louisiana, and California.
| in the absence of agreement, the
| statutes make it the duty of the land
| lord to make repairs, and Connecticut,
| New York, and New Jersey have
| statutes exonerating the tenant from
rent in case the premises become unten-
antable without the fault of the ten
ant. But in these states the provisions
of the lease will govern, notWithstand-
! ing the statutes.
AS a further apparent exception to
| the general rule that the tenant is
| bound only to take reasonable care. it
! is generally held that he must keep up
| fences, and keep the premises wind and
water tight This obligation of the
! tenant is rather one of protection than
one of repairs. The tenant is generally
| bound to take reasonable measures to
protect the premises, tho not called on
| to repair them. AS, if there is a leak
| in the roof he could not be excusa BILE
for resulting damage it. knowing it. he
| permitted the water to soak through
| the floor and ruin a ceiling, when by
the placing of a receptacle under the
hole in the roof the damage could have
J been easily ayerted. He should stop up
holes in windows, doors, etc, but when
| the defect was not caused by him, he
| is not bound to make the windows and
doors good.
Also, aside from agreement, the land
lord is not bound to make repairs save
in the states named above, where stat
utes so provide. This is SO even tho
the building be destroyed. In that case
he may still collect his rent, save in
! the states of New York, Minnesota
California, Georgia and Louisiana.
The landlord has, in general d right
! to enter and make necessary repairs
but must do so at reasonable times and
| in a reasonable manner.
| Where a landlord has agreed in the
lease to make repairs lie is entitled to
notice before he is in default
A parole promise to make repairs
given by a landlord, after a lease has
been executed, is void.-W. C. Sprague
| Correspondence School of Law.