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 ?
Quickly completing the repairs we rose together into the still, cloudless Martian sky, and at great speed and without further mishap returned to Zodanga.
Fifty-seven churches to be erected with half-crowns, forty-two parsonage houses to be repaired with shillings, seven-and-twenty organs to be built with halfpence, twelve hundred children to be brought up on postage stamps.
'Why you see,' rejoined the little man, 'we're putting up for to-night at the public-house yonder, and it wouldn't do to let 'em see the present company undergoing repair.'
On landing, he conducted her to a palanquin, in which they repaired to the Club Hotel.
Fogg repaired to the Exchange, where, he did not doubt, every one would know so wealthy and considerable a personage as the Parsee merchant.
why don't he repair it?-- who should do it but himself?"
A second care, and nearly related to the first, is to have an eye both to the public and private edifices in the city, that they may be an ornament; and also to take care of all buildings which are likely to fall: and to see that the highways are kept in proper repair; and also that the landmarks between different estates are preserved, that there may be no disputes on that account; and all other business of the same nature.
I did not like to go quite to the front and stare in at the gate; but I paused beside the garden wall, and looked, and saw no change - except in one wing, where the broken windows and dilapidated roof had evidently been repaired, and where a thin wreath of smoke was curling up from the stack of chimneys.
He worked very hard all day, and did not leave his room until the evening, when he went down to the theatre, whither Smike had repaired before him to go on with another gentleman as a general rebellion.
In the last days of autumn he had whitewashed the chalet, painted the doors, windows, and veranda, repaired the roof and interior, and improved the place so much that the landlord had warned him that the rent would be raised at the expiration of his twelvemonth's tenancy, remarking that a tenant could not reasonably expect to have a pretty, rain-tight dwelling-house for the same money as a hardly habitable ruin.
The two friends repaired to Athos's, and he, faithful to his vow of not going out, took upon him to order dinner to be brought to them.
Brownlow, without seeming to hear the interruption, 'in a part of the country to which your father in his wandering had repaired, and where he had taken up his abode.