& C. 285 ; 3 Ad. & E. 331; 3 Mees. & W. Exch. 607 ; 5 Barnew. & Ald. 521.
II. But the landlord is under no obligation to make any repairs, or to rebuild in case the premises should be burned ; nor does he guarantee that they are reasonably fit for the purposes for which they were taken. And it is not in the power of a tenant to rnake repairs at the expense of his landlord, unless there be a special agreement between them authorizing him to do so ; for the ten ant takes the premises for better or for worse, and cannot involve the landlord in expense for repairs without his consent. 6 Cow. N.
Y. 475 ; 3 Du. N. Y. 464 ; 1 Saund. 320 ; 7 East, 116 ; 1 Ry. & M. 357; 7 Mann. & G. 576. Even if the premises have become un inhabitable by fire, and the landlord having in sured them has recovered the insurance-money, the tenant cannot compel hirn to expend the money so recovered in rebuilding, unless he has expressly engaged to do so; nor can he, in such an event, protect himself from the payment of rent during the unexpired bal ance of the term. 8 Paige, Ch: N. Y. 437 ; 1 Sim. Ch. 146; 1 Term, 314. A different rule is said to prevail in Louisiana. See 3 Rob, La. 52.
12. On the part of the tenant, we may ob serve that on taking possession he is at once invested with all the rights incident to posses sion, is entitled to the use of all the privi leges and easements appurtenant to the tene ment, and to take such reasonable estovers and emblements as are attached to the es tate. He may maintain an action against any person who disturbs his possession or trespasses upon the premises, though it be the landlord himself. 1 Den. N. Y. 21 ; Croke Car. 325; 3 Wile. 461; 2 H. Blackst. 924; 2 Barnew. & Ad. 97; 3 Crompt. & R. Exch. 557. As occupant, he is also answer 'able for any neglect to repair highways, fences, or party-walls ; it being generally sufficient, except where a statute has other wise provided, to charge a man for such re pairs by the narne of occupant. He is also liable for all injuries produced by the mis management of his servants, or by a nui sance kept upon the premises, or by an ob struction of the highway adjacent to them, or the like ; for, as a general rule, where a man is in possession of property, he must so manage it that other persons shall not be in jured thereby. 3 Term, 766; 3 Q. B. 449; 1 Scott, N. R. 392; 4 Taunt. 649 ; 5 Barnew. &
C. 552 ; 6 Mees. & W. Exch. 499.
13. One of the principal obligations which the law imposes upon every tenant, independ ent of any agreement, is to treat the premises in such a manner that no substantial injury shall be done to them, and so that they may revert to the landlord, at the end of the term, unimpaired by any wilful or negligent con duct on his part. In the language of the books, he must keep the buildings wind-and, water tight, and is bound to make fair and tenantable repairs, such as the keeping of fences in order, or replacing doors and win dows that are broken during his occupation. If it is a furnished house, he must preserve the furniture, and leave it, with the linen, etc., clean and in good order. 5 Carr. & P. 239 ; 7 id. 327 ; 4 Term, 318 ; 18 Ves. Ch. 331 ; 2 Esp. 590; 4 Mann. & G. 95; 12 Mees. & W. Exch. 827.
But he is not bound to rebuild premises which have accidentally become ruinous dur ing his occupation; nor is he answerable for ordinary wear and tear, nor for an accidental fire, nor to put a new roof on the building, nor to make what are usually called general or substantial repairs. Neither is he bound to do painting, white-washing, or papering, except so far as they rnay be necessary to preserve exposed timber from decay. 6 Term, 650; 6 Carr. & P. 8; 12 Ad. & E. 476; 1 Marsh. 567; 10 Barnew. & C. 312.
IC With respect to farming leases, a ten ant is under a similar obligation to repair; but it differs from the general obligation in this, that it is confined to the dwelling-house which he occupies,—the burden of support ing the out-buildings and other erections on the farm being sustained either by the land lord, or the tenant, in the absence of any express provision in the lease, by the particu las custom of the country in which the farm is situated. He is always bound, however. to cultivate the farm in a good and husband like manner, to keep the fences in repair, and to preserve the timber and ornamental trees in good condition ; and for any viola tion of any of these duties he is liable to be proceeded against by the landlord for waste, whether the act of waste be committed by the tenant or by a stranger. Coke, Litt. 53; 6 Taunt. 300 ; 5 Johns. N. Y. 373 ; 13 East, 18; 3 Mood. 536 ; 2 Dougl. 745 ; 1 Taunt. 198 ; 1 Den. N. Y. 104. As to what constitutes waste, see WASTE.