ng and refusing to pay his agreed rent. This is
one of the risks taken when making the lease.
Suppose a person occupying state land is evicted by the state, must
he continue to pay rent? In Missouri the rent ceases, or if evicted of
a part, he must pay rent on the remainder. In some states he must
still continue to pay his rent and then demand compensation for his
loss.
Sometimes land is rented on shares, a very common way in the olden
time. When this is done, the relation of landlord and tenant may be
created, or perhaps a partnership relation. If the farmer is to do the
work of a servant of the owner of the farm, receiving in return
therefor, a specified part of the crops, the agreement is one of
hiring and not a lease. If the farmer has rightful possession of the
use of the land, then the payment of his rent in produce does not
affect his relation as a tenant. The natural increase of stock leased
with a farm belongs to the tenant, and a landlord cannot recover for
the death of cattle in the tenant's possession, unless he can prove
his tenant's negligence. And if a lessee should sell part of the stock
contrary to the lease, the purchaser would be liable therefor.
A landlord often leases separate parts of a building to different
tenants, while the stairways and passages to them, though intended for
their use, are still under his control. He thus invites the tenants
and other persons having relations with them to use the approaches to
obtain access to their rooms or apartments, and is accordingly liable
when they are not kept in proper repair; the same as any owner of
structures either expressly or impliedly invites persons to enter
them. If therefore he should leave elevator shafts, or hatchways
unguarded, he would be clearly liable for the consequences. So, too,
should a mill owner have a defective bridge to his mill, forming part
of a common way thereto, he would be liable for the consequences.
The lessor is liable if he leaves his premises with a way or cellar
entrance, or coal hole inadequately guarded at the time the lessee
takes possession, but not if the guard or covering gets out of repair
during the tenancy, or is temporarily left unguarded by the tenant or
some third person. If the hole or other dangerous place is made
without proper authority, it is considered a nuisance and the owner is
liable for all injuries whether he has rented the premises or not. Who
is liable for injuries caused to travelers
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