by ice and snow on the
pavement? This is a hard question to answer in a short space. If the
ice or snow has accumulated by reason of a defective roof, then the
landlord is liable because of its faulty construction. In some parts
of the country it is most difficult to keep the walks safe in winter.
Experience has led the parties to make stipulations defining and
fixing their liability. Many states also have statutes and cities
ordinances regulating the duties and liabilities of landlords and
tenants.
When a lease is about to expire a difficult question sometimes arises,
what can the tenant take away with him? Of course he can remove all
his furniture and the things that can be separated without injury to
the premises, but during his tenancy, he may have added things
possessing a more permanent nature, called fixtures, these he cannot
remove. The courts have had great difficulty in deciding in some cases
what these are. In a general way it may be said that whatever a tenant
adds to the premises can be removed, while he is still in possession,
without material injury to it, but he cannot remove anything
afterwards. Suppose the tenant erects a building, can he remove it?
One would not think of his building this for the benefit of his
landlord. Suppose he had built it on a foundation from which it could
be easily removed, a court would have no difficulty in deciding that
it belonged to the tenant. Many cases have arisen about ranges and
stoves. An ordinary stove of course can be removed; suppose it is
affixed to the house in such a way that some portion of the wall will
be detached by the removal, can this be done? Not if the wall will be
badly injured. How badly? This is a question of fact to be answered by
inquiry in every case. Among the fixtures that can be removed are
hangings and tapestries, ornamental chimney pieces, wooden cornices,
wainscoting affixed to the wall by screws and spikes, bells and bell
wires, chandeliers, cisterns and sinks though fastened by nails and
set into the floor, fire frame fixed in the fireplace, pipes for gas
or water, grates removable without injury to the building, pumps,
stoves, ranges and furnaces, gas ranges and water closet appliances,
washtubs fastened to the house, gas fixtures and shelves. A greenhouse
is not removable, nor gutters placed in the roof of a dwelling, nor a
stairway, nor flowers, shrubs, or bushes planted for ornamental
purposes.
Chattels placed by a tenant on lea
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