LODGINGS. Furnished rooms or apartments •which are let to such persons as are satisfactory to the proprietor by special agreement, and in the lodger gets no property right or in terest, but merely the privilege of use and occupa tion under the terms of his contract. The rela tion of landlord and tenant does not exist be tween a keeper of lodgings and a lodger. One of the important distinctions is that a lodger has merely a personal action for breach of contract against time proprietor of the lodgings in ease the latter evicts him contrary to their agreement, and in the absence of statute is not entitled to notice to quit; whereas a tenant can enforce his property rights by an action to recover the actual possession of the premises if he is wrongfully evicted by his landlord or any other person. Unless particular rooms or apart ments are specially designated in the agreement between the proprietor and a lodger, the latter may be assigned or changed to any room in the same house of the general character and class as that for which he bargained. The proprietor of lodgings is rot obliged to receive every per son who applies to him, but may select his lodgers as he sees fit, and make such terms as may be satisfactory to both parties. irrespec tive of his terms as to other lodgers. He is not absolutely responsible for the baggage and ef fects of his lodgers, but is only liable to take the ordinary care of them which a reasonable person would take of his own goods. In the absence of
statute he has no lien on the property of the lodgers in his house for the amount (Inc him, but in New York and several other jurisdictions, lodging-house and boardinghouse keepers possess such a lien. In the above respects a pro prietor of a lodging-house differs from an inn keeper. who is bound to receive all proper persons who apply for meals and lodgings, and who is an absolute insurer of the safety of the baggage and other effects of his guests. The keeper of a lodging-house has the legal posses sion, care, and custody of his whole house and every room: and it has been held that a lodger could not maintain au against a who invades his room, as that right is in the proprietor. The same rules apply where the owner of a private house lets out one room as where a house is exclusively devoted to the purpose. A lodging-house differs from a hoard ing-house in that no meals are furnished to the lodgers as such. Boarders are, however, usually lodgers also. and therefore the former term is , popularly employed to designate one who is en titled to meals and lodgings at the same house. See BOARDING-110UsE: INN, INNKEEPER; LANDLORD AND TENANT; LIEN; the authorities referred to under CONTRACT; BAIL MENT, etc.