Repairs


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REPAIRS. That work which is done to an estate to keep it in good order.
     2. What a party is bound to do, when the law imposes upon him the duty to make necessary repairs, does not appear to be very accurately defined. Natural and unavoidable decay in the buildings must always be allowed for when there is no express covenant to the contrary; and it seems, the lessee will satisfy the obligation the law imposes on him, by delivering the premises at the expiration of his tenancy, in a habitable state. Questions in relation to repairs most frequently arise between the landlord and tenant.
     3. When there is no express agreement between the parties, the tenant is always required to do the necessary repairs. Woodf. L. & T. 244: Arch. L. & T. 188. He is therefore bound to put in windows or doors that have been broken by him, so as to prevent any decay of the premises, but he is not required to put a new room on an old worn out house. 2 Esp. N. P. C. 590.
     4. An express covenant on the part of the lessee to keep a house in repair, and leave it in as good a plight as it was when the lease was made, does not bind him to repair the ordinary and natural decay. Woodf. L. & T. 256. And it has been held that such a covenant does not bind him to rebuild a house which had been destroyed by a public enemy. 1 Dall. 210.
     5. As to the time when the repairs are to be made, it would seem reasonable that when the lessor is bound to make them he should have the right to enter and make them, when a delay until after the expiration of the lease would be injurious to the estate: but when no such damage exists, the landlord should have no right to enter without the consent of the tenant. See 18 Toull. n. 297. When a house has been destroyed by accidental fire, neither the tenant nor the landlord is bound to rebuild unless obliged by some agreement so to do. 4 Paige R. 355; 1 T. R. 708; Fonb. Eq. B. 1, c. 6, s. S. Vide 6 T. R. 650; 4 Camp. R. 275; Harr. Dig. Covenant VII. Vide Com. Rep. 627; 6 T. R. 650; 21 Show. 401; 3. Ves. Jr. 34; Co. Litt., 27 a, note 1; 3 John. R. 44; 6 Mass. R. 63; Platt on Cov. 266; Com. L. & T. 200; Com. Dig. Condition, L 12; Civil Code of Louis. 2070; 1 Saund. 322, n. 1; Id. 323, n. 7; 2 Saund, 158 b, n. 7 & 10; Bouv. Inst. Index. h.t.

References in classic literature ?
These roofs had to be kept in repair, and their chimneys were the deadly enemies of the iron wires.
Quickly completing the repairs we rose together into the still, cloudless Martian sky, and at great speed and without further mishap returned to Zodanga.
On the morning of the 11th, the repairs being all finished, and the water casks replenished, the signal was given to embark, and the ship began to weigh anchor.
Tristram repairs the indiscretions of a too zealous wife.
Men said that four out of every five fish-balls served at New England's Sunday breakfast came from Gloucester, and overwhelmed him with figures in proof- statistics of boats, gear, wharf- frontage, capital invested, salting, packing, factories, insurance, wages, repairs, and profits.
Two days ago some repairs were started in the west wing of the building, and my bedroom wall has been pierced, so that I have had to move into the chamber in which my sister died, and to sleep in the very bed in which she slept.
Encouraged by the practical outcome of Bert's negotiations with his brother, and by the fact that half the hiring-stock was out from Saturday to Monday, they decided to ignore the residuum of hiring-trade on Sunday and devote that day to much-needed relaxation and refreshment--to have, in fact, an unstinted good time, a beano on Whit Sunday and return invigorated to grapple with their difficulties and the Bank Holiday repairs on the Monday.
But you can't hope to make repairs here," she said dubiously.
But when he examined the wheel, he discovered no repairs had been made.
Molly, therefore, having dressed herself out in this sack, with a new laced cap, and some other ornaments which Tom had given her, repairs to church with her fan in her hand the very next Sunday.
Mrs Tapkins likewise discovers her omission, and with promptitude repairs it; for herself; for Miss Tapkins, for Miss Frederica Tapkins, for Miss Antonina Tapkins, for Miss Malvina Tapkins, and for Miss Euphemia Tapkins.
Nature repairs her ravages,--repairs them with her sunshine, and with human labor.