The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1911-05-18
Landlord and Tenant Repairs.

| A landlord ana tenant may make an.
agreement they choose about repair
upon the leased premises; and it viii
often save them trouble and expense
to make this subject a matter of con
tract, clearly expressed in the lease
Either party may bind himself to make
repairs. A general agreement on the
part of the renter to repair, is con
strued by the law, to have reference
to the condition of the premises at the
| time when his term begins. II the
premises are old when he takes posses
sion, he is not liable for the dilaplda
| tions which result from the natural OPP
erations of time and the elements
Even under an agreement by the rent
err to repair, if there be a very ole
house on the premises, the renter Is
not required to restore the house to an
improved condition, or to avert the
consequences caused by the action OF
the elements, but it is his duty to keep
the house in the same condition that it
was when he went into possession, by a
reasonably and timely expenditure OF
money and care.
Where there is no agreement be-
tween the landlord and the tenant upon
the subject of repairs, the rights and
duties of the parties in relation there
TO-, are controlled and regulated 10y the
law applicable to the relation existing
between landlords and tenants, and
this law favors the landlord rather
than the tenant. For instance, it is
the general rule that a landlord is I'M
der no legal obligations TO the tenant,
TO make repairs on the leased prems-
es, unless he has expressly agreed so to
do; yet where there is no contract
about repairs, the tenant is under a
legal obligation to make reasonable
repairs. such as putting up or mendng
gates and fences which have been brok-
en- or thrown down by windstorms,
floods or other causes, during his term,
He is obliged to repair doors and win
dows broken during his occupancy and
matters of like nature, so as to prevent
waste and decay of the premises; but
he is not bound to replace buildings
which are destroyed by fire, flood or
other accidental cause, nor to make
general lasting and substantial i'm
provements in the way of repairs. He
is not obliged to replace an old floor by
a new one, or rebuild fallen chimney
or put an entire new roof on build
ing He is not bound to do anything
on the premises which is merely orna-
mental such as papering, whitewash-
ing, or painting the buildings, but he
is bound to use the premises in "A ten
ant-like manner, and not suffer them
to fall into decay more than that cauS-
ed by necessary wear and tear.
In the leasing of farming land, the
law implies that it shall be used for
that purpose, and Chat the tenant will
not commit waste and that he will
farm the land in a farmer-like manner,
and will not unnecessarily exhaust the
soil by negligent or improper tillage,
and that he will repair the fences, etc;
SO far as good husbandry requires; and
that he will re deliver the premises to
the landlord in as good condition as
they were when he received them.
Natural wear and tear, and unavoidable
accidents excepted. In every leasing
contract there ought TO be clear and
definite understanding expressly stated
as to what repairs, if any, each party
shall make and at whose expense; also
what improvements and fixtures placed
upon the premises by the tenant, shall
remain there when he leaves, and what
he may remove as his own property.
Wisconsin Farmer.