The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-05-05
Popular Talks on Law

Popular Talks on Law
copyrighted 1905, by VIM. c. .sprague, Presi::
dent / he Sprague Correspondence School Of
Law.
LANDLORD AND TENANT
The Tenants Rights to Alter the
Premises
Alteration means something more
than repair. To alter Is to change
the form or nature-to make different
To repair is to retain the form aud
nature, but to mako more perfect
The tsnan. has 4 right generally to
make repairs; indeed, without any
thing in the lease to that effect, he is
bound to hand the property over to
his landlord at the expiration Of his
lease In the condition in which he
took 1t, ordinary wear and tear ex-
cepted. But the tenant has not the
right without his landlords consent
to make alterations, even IL the alter.
ations are improvem cnts and admitted
TO be such by the landlords. When
one rents premises he ia presumed to
be satisfied with them as they stand
and the landlord has the right to ex
pect them to remain as at the time
the lease was given, subject to his
right as against the tenant to have
the premises kept up.
Where premises are rented for par
ticular purpose known to the land
lord, the law will presume that the
tenant has the right to make any al
terations reasonably needed to fit the
premises for tho use. Where, however,
the landlord does not know the pur-
pose. he has a right to expect that
they will BIZ used for the purpose for
which they are naturally fitted with
out alteration.
Where Ia che lease there 10 clause
stating that the premises are "to be
used" for particular purpose, nam
Ing it, the question sometimes arises
whether this amounts to restriction
on the use so that, where the tenant
uses the property for another purpose,
he has broken his lease. There is an
uncertainty on this point due to var.
isty Of opinions expressed By the
courts. There Ia no question, how.
ever, ia case where the restriction
is made positive and definite, as where
the lease reads that the premises shall
be used only for some particular pur-
pose, naming 1t. Where. therefore,
the landlord desires to restrict the
tenant from using the premises for
any other than particular purpose
he should mako the restriction posi-
tive. Alterations, then, without per.
mission OF the landlord are In general
not allowable. The tenant can not cut
a window through an outer or tuner
wall, nor open fire place, nor erect
partition, nor cut hole through thu
floor for pipes or wires or elevators;
nor can he move Partition to change
the shape or size Of rooms, nor change
the place Of the staircase, nur move
the out-buildIngs. nor destroy trees
or Towering shrubs, nor change their
location; nor can he move fence, nor
turn q grass plot into garden.
Tenants may make such alterations
as are not permanent In their nature
where they may he removed at the ex-
piration of the lease without injury
to the property.
The ordinary remedy for the land
lord where the tenant proposes to
make an unauthorized alteration is a
writ of Injunction, though suit for
damages will afterwards lie against
the tenant.
REWRITING again TO the matter OF
use 1t should be said that where there
10 ne restriction as TO use contaiRsd In
the lease, Jet the tenant may be re-
strained by the landlord from using
the premises for purpose or In
manner contrary to law.
In our next talk we shall consider
the right OF the tenant on leaving the
leased premises TO remove fixtures.
ITO be Continued)
REVEI.ATION