Milford chronicle., 1905-05-05
POPULAR TALKS ON LAW.
Landlord and Tenant.
$50. 2-rHE TENANTS RIGHTS TO ALTER THE
PREMTsEs.l

(SO. 2-THE TENANTS RIGHTS TO ALTER THE
PREMIsEsl
Alteration means something more than re-
pair. To alter Is to change the form ofnature
Ito make different. To repair is to retain
the form and nature, but to make more per-
feet. The tenant has a right generally to
make repairs; indeed without anything in
the lease TO that effect, he is bound TO hand
the property over to his landlord at the ex-
plration OF his lease IN the condition In which
he took it,OrdiHary wear and tear excepted.
But tenant has not the right without his
landlords consent 10 make alterations, even
ifthe alterations are improvements and ad-
mitted TO be such by the landlord When one
rents premises he is presumed to be satisfied
with them as they stand and the landlord has
the right TO expect 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 a particular
purpose known to the landlord, the law will
presume that the tenant has the right to
make any alterations reasonably needed to
fit the premises for the use. Where, however,
the landlord does not know the purpose, he
has right to expect that they will be used
lol Aun puE pose lOE WuAGu huoy arc naturally
fitted without alteration.
Where in the lease there is a clause stating
that the premises are ITO be used" for par
ticular purpose, naming II, the question some
times arises whether this amounts to a re-
striction 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 70 a variety of opinions ex-
49, ae
however, in a case where the restriction is
made positive and deinite,as where the lease
reads that the premises shall be used only for
some particular purpose, naming 1t. Where,
therefore, the landlord desires to restrain the
tenant from using the premises for any other
than particular purpose he should make
the restriction positive.
Alterations then. without permission Of
the landlord are in general not allowable. |
The tenant cannot cut window through an
outer or inner wall, nor open a fire place, nor
erect partition, nor cut a hole through the
floor for pipes er wires or elevators; nsr can
he move a partition to change the shape or
size Of rooms, nor change the place Of the
staircase nor move the Outbuildings, nor de-
stroy trees or Towering shrubs, nor change
their location; nor can he move a fence, nor
.urn grass plot into garden.
Tenants may make such alterations as are
not permanent in their nature where they
may be removed at the expiration Of the Z
ease without Injury to the property.
The ordinary remedy for the landlord
Vhere the tenant proposes to make an unau-
horized alteration is a writ of Injunction,
hough suit for damages will afterwards lie
lgainst he tenast
ReVerting again to the matter Of use II
hould be said that where there is no restrIc-
iOh as to use contained in the lease, yet the !
enant may be restrained by the landlord ,
rom using the premises for purpose,Or in |
manner contrary to law, c
In our next talk We shall consider the right i
4 the tenant on leaving the leased premises !
o remove fixtures.
Copyrighted 1905, by William C. Sprague, @
resident, The Sprague Correspondence
chOol Of Law
(To be continued)