And these rights and duties attach to each of the parties, not only in respect to each other, but also with reference to other per sons who are strangers to the contrac,t. The landlord retains certain rights over the pro perty, although he has parted with its pos session, while the tenant assumes obligations with respect to it which continue so long as he is invested vvith that character.
6. After the making of a lease, the right of possession, in legal contemplation, remains in the landlord until the contract is consum mated by the entry. of the lessee. When the tenant enters, this right of' possession changes, and he draws to himself all the rights inci dent to possession after this. The landlord's rights in the premises are suspended, or con fined to the protection of his reversionary inte rest ; that is, to the maintenance of actions for such injuries as would, in the ordinary course of things, continue to affect his interest after the determination of the lease. Of such are actions for breakitg the vvindows of a house, cutting timber, or damming up a rivulet, where by the thnber on the estate becomes rotten. 11 Mass. 519 . 1 Maple & S. 234 ; 9 Bingli. 3; 4 Barnew. 8ZAld. 72 ; 3 Me. 6 ; 5 Den. N. Y. 494. The injury must be of such a character as permanently affects the inheritance; but it may be so if any one interferes with his tenants, and disturbs their enjoyment so far as to cause him loss of rent, or other damage. 14 East, 489 ; 4 Barnew. & Ald. 72 ; 1 Hall, N. Y. 214.
7. The landlord may, however, go upon the premises peaceably, for the purpose of ascertaining whether any waste or injury has been committed by the tenant or other per son, first giving notice of his intention. He may also use all ways appurtenant thereto, demand rent, make such repairs as are neces sary to prevent waste, or remove an obstruc tion. But if the rent is payable in hay or other produce, to be delivered to him from the farm, he is not entitled to go upon the land and take it, until it is delivered to him by the tenant, or until after it has been sev ered and set apart for his use. 3 Johns. N. Y. 408 ; 1 Vern. Ch. 575; 7 Pick. Mass. 76 ; 1 Barnew. & C. 8; 7 Mees. & W. Exch. 601. But see 5 Dowl. & R. 442; 3 Barnew. & C. 533.
S. The landlord's responsibilities in respect to possession, also, are suspended as soon as the tenant commences his occupation. If, therefore, a stranger is injured by the ruin ous state of the premises, or the tenant cre ates a nuisance upon them, or if the fences are suffered to fall into decay, whereby the cattle of a stranger stray and are injured or lost, the landlord is in neither case answer able. But it would be otherwise if he had
undertaken to keep the premises in repair, and the injury was occasioned by his neglect to keep up the repairs, or if he should re new the lease with a nuisance upon it. 4 Term, 318 ; 2 H. Blackst. 350 ; 4 Taunt. 949 ; 1 Ad. & E. 827.
9. The principal obligation On the part of the landlord, which is, in fact, always to be implied as a necessary condition to his re ceiving any rent, is that the tenant shall enjoy the quiet possession of the premises,— which means, substantially, that he shall not be turned out of possession of the whole or any material part of the premises by one having a title paramount to that of landlord, or that the landlord shall not himself dis turb or render his occupation uncomfortable by the erection of a nuisance on or near the premises, or otherwise oblige him to quit possession. 3 East, 491 ; 6 Dowl. & R. 349; 8 Cow. N. Y. 727 ; 7 Wend. N. Y. 281 ; 13 N.
Y. 151 ; 2 Dev. 388; 4 Mass. 349 ; 5 Day, Conn. 282. But if he be ousted by a stranger, that is, by one having no title, or after the rent has fallen due, or if the molestation proceeds from the acts of a third person, the landlord is in neither case responsible for it. 1 Term, 671 ; 3 Johns. N.Y. 471; 7 Wend. N.
Y. 281; 4 Dev. No. C. 46 ; 5 Hill, N. Y. 599 ; 6 Mass. 246 ; 13 East, 72; 12 Wend. N. Y. 529 ; 25 Barb. N. Y. 594.
10. Another obligation which the law im poses upon the landlord in the absence of any express stipulation in the lease, is the pay ment of all taxes and assessments charge able upon the property, or any ground-rent, or interest upon mortgages to which it may be subject. Every landlord is bound to pro tect his immediate tenant against all para mount claims ; and if a tenant is compelled, in order to protect hirnself in the enjoyment of the land in respect of which his rent is payable, to make payment which ought, as between himself and his landlord, to have been made by the latter, he may call upon the landlord to reimburse him,.or he may de duct such payment from the rent due or to become due. 6 Taunt. 524; 12 East, 469 ; 5 Bingh. 409 ; 3 Barnew. & Ald. 647 ; 7 Barnew.