The lease of a private residence is not a warranty that it is
reasonably fit for occupancy. Thus saith the law. Nor can a lessee,
unless the lessor has misrepresented the healthfulness of the place,
leave after the unwelcome discovery that it is not healthful. This
seems to be rather harsh, but the rule is founded on the presumption
that the lessee will examine the house before leasing and make proper
inquiries about its healthfulness.

By the common law the lessor was not required to make repairs. This
has been changed in some states by statute. He is not required to make
repairs needed and known to the tenant at the time of making his
lease. Hallways, staircases, elevators, and the like that are used in
common by the tenants of a building and are under the landlord's
control, must be kept in repair by him. If he shall let a many storied
building to several tenants, to each tenant a story, who have
exclusive possession thereof, the lessor will not be liable to any
lessee for the damage caused by another.

If the landlord agrees to make repairs and keep the tenement in good
condition, he is required to keep it in essentially the same condition
as it was when the tenant took possession. Should the house or other
building be destroyed by fire what then? An agreement to keep it in
good repair imposes an obligation on the landlord's part to rebuild.
But an agreement by the lessee to keep and leave it in good repair,
does not require him to rebuild should it be destroyed by fire, or
other cause without any fault of his own. If the lease provides that
the insurance money, when the landlord has insured the premises, shall
be applied to rebuild in the event of fire, he must regard his
agreement, but if there be no such agreement, the tenant cannot compel
his landlord to thus apply it. Should the lessor fail to fulfill his
agreement to repair, the tenant is not excused from paying his rent,
nor justified in leaving the premises. His remedy is to sue his
landlord for the damages or injury to himself. And even if the
premises be destroyed by fire the tenant must continue to pay his rent
unless he has been wise enough to relieve himself by a proper clause,
or unless some kindly statute has been passed relieving him on the
happening of such an event. No oral stipulation, that the parties
should make covering the effect of loss by fire or other contingency,
would be binding if contrary to the terms of the written lease. As
this is