, and they were compelled to pay. _This
is the common law on the subject_, and every tenant is bound to pay in
such cases unless he has clearly stated in his lease that he is not to
be holden in the event of the destruction of the building by fire,
flood, lightning, or other cause.
Furthermore, it may be added that leases nowadays are often furnished
with blank spaces to be filled up with names, the amounts to be paid,
times of payment, etc., and persons often sign them without even
reading them. They should not do this. They should be careful to read
them over two or three times or more, until they fully understand them
and are sure of their nature before signing or executing them. People
are still more negligent in taking out insurance policies without
reading them. They are very long and parts of them are printed in fine
type and, perhaps, are quite difficult, especially for old eyes, to
read. In truth some of the most important parts are put in the finest
print--some of the exceptions against loss and other matters, which,
we are quite sure, if a person when taking out a policy should read
over and understand he would insist on having changed.
If a house becomes unfit for living therein by its own fault--for
example, if it is overrun with rats, or becomes so decayed that the
weather invades and is thereby rendered unfit--the tenant, so the law
says, has indeed the privilege of quitting, if he did not know these
things at the time of entering; but if he did, he would be required to
live there, however much he might dislike the company of rats or the
presence of the snow or rain, and also to pay his rent; or, if
quitting for that reason, he would still be responsible for the rent
as he would if living in the house. An eminent legal writer has stated
the principle in this way: The tenant can leave if the defect was not
known or anticipated by him, or known or anticipated if he had made a
reasonable investigation or inquiry before he took the lease.
A tenant is not required to make general repairs without an agreement,
but he must make those that are necessary to preserve the house from
injury by rain and wind. If the shingles are blown off or panes of
glass are broken others must be put in their places; and it is said
that he would be bound even for ornamental repairs, like paper and
painting, if he made an agreement to return the house in good order.
A tenant of a farm must manage and cultivate it by the same r
|