The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-07-07

LANDLORD AND TENANT
The Obligation to Make Repairs.
Aside from any agreement by which
repairs he Is under no legal obligation
TO do so, where the damage is ordi
nary wear and tear or came by newt
able accident or by the wrongful ac,
Of a stranger. This means. therefore
that aside from an agreement to =
different effect, the tenant is bound
only to take reasonable care of til,
premises. He must so treat the pro
perty that 1t may revert to he land
lord unimpalred by any wilful or
negligent conduct on his Z part +,
Where however, the tenant ha,
agreed to make repairs, he mus
make good all iuss or damage, ind
even rebuild in case of a partial I"
total destruction of the premise 6,
even tn ough without his fault.
Usually the contract to repair con
tains the expression, "ordinary weaI
and tear and damage by the element,
excepted" Just what damage by
the elements" is not definitely settled
oy the courts. Some incline to hon.
it 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 bound to repair.
But In mos states probably, IN Micl =
igan. surely. such language excuse
the tenant 10 case of damage by flueo
or fire where the tenant was net al
fault.
Aside from agreement, as stated
the tenant is not bound to repair
damage that IL ordinary wear ano
tear, or VIII ere causedby an inevitable
accident or the wrongful act OF
others. So tenant need not replace
a plate glass window broken by q
stranger. or make good loss from a
falling chin ney.
In Georgia, Louisiana and Cali
fornia, i'm the abseEce Of agreement,
the statutes make IL the duty OF the
landlord to make repairs. and Con
necticut, New York, and New Jersey
have statutes generating the tenant
from rent Ia case the premises br
come untenantable without the fault
OF the tenant. But In these staLek
the provisions of the lease will govern
notwithstanding the statutes.
AS 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 vi
the tenant is rather one OF protection
than one of repairs. The tenant f.
generally bouud to take reasonable
measures to protect the premises,
tho not called on to repair them
Az, IL there Is a leak IN the roof he
could not be excusable for resulting
damage Ii. knowing IL. he permitted
the water to soak through the floor
and ruin ceiling, when by the plac-
log OF receptacle under the hole In
the roof the damage could have been
easily, avsrted. He should stop up
holes In windows, doors. etc, but
when the defect was not caused by
him, he Is not bound ~ make the
windows and doors good.>
Also, aside from agreement, the
landlord Is not bound to make repairs
save 10 :he states named above. where
statutes so provide. This 10 so even
Lho' the building be destroyed. In
that case he may still collect his rent,
save 10 the states OF New York. MIN
nestta, California, Georgia and Lou
lsIaua.
The landlord has, in general, a
right to enter and make necessary
repairs. but must DO so at reasonable
times ann In reasonable manner.
Where q landlord has agreed In the
lease 10 make repairs he Is entitled
20 notice before he 10 Ia default.
A parole promise TO make repairs,
given by a landlord, after lease has
been executed, 10 void.