FLAT. When used as a description of anything respecting an arm of the sea, it means a level place over which the water stands or flows. Church v. Meeker, 34 Conn. 424.
A floor or separate division of a floor, fitted for housekeeping and designed to be occupied by a single family. Cent. Diet.
A building, the various floors of which are fitted up as flats, either residential or busi ness.
A flat is in law a house, though in fact only a part of one in the ordinary sense ; L. R. 8 Q. B. D. 423; and the contract be tween the owner and the occupier is classed among "contracts for permissive use." Hol land, Jur. 254.
The owner of a building who rents flats therein retains control of all portions not actually demised to tenants ; [1893] Q. B. 177; Inhabitants of Milford v. Holbrook, 9 Allen (Mass.) 17, 85 Am. Dec. 735; he is bound to keep such portions in a reasonable state of repair, and a failure so to do ren ders him liable in damages; Quinn v. Per ham, 151 Mass. 162, 23 N. E. 735 ; Sawyer v. McGillicuddy, 81 Me. 318, 17 Atl. 124, 3 L. R. A. 458, 10 Am. St. Rep. 260; Dollard v. Rob erts, 130 N. Y. 269, 29 N. E. 104, 14 L. It. A. 238; 3 C. P. 326; but the owner is not an in surer, and when he has constructed his roofs, pipes, or drains with the reasonable foresight commonly exercised by prudent men, he will not be responsible for a latent defect or an unusual stress of circumstances ; L. It. 6 ET. 217; Fitch v. Armour, 14 N. Y. Supp. 319; 5 Q. B. D. 602. Where the upper rooms only are leased, a covenant is implied on the part of the lessor to give such rooms the necessary support; Graves v. Berdan, 26 N. Y. 498; Ward v. Fagan, 28 Mo. App.
116; and he is under a negative duty to do nothing to lessen or decrease such support, or to render it insecure ; Judd v. Cushing, 50 Hun 181, 2 N. Y. Supp. 836 ; Butler v. Cush ing, 46 Hun (N. Y.) 521.
As to elevator service, see ELEVATOR.
As regards the furnishing of artificial light in halls and passage-ways, it has been held that in the absence of contractual obligation there is no legal duty on the part of the own er to furnish such light ; Hilsenbeck v. Guhr ing, 131 N. Y. 674, 30 N. E. 580; contra, Mar wedel v. Cook, 154 Mass. 235, 28 N. E. 140.
The janitor, being controlled by the owner, is, when engaged in the discharge of his gen eral duties, the landlord's servant. Any par ticular tenant may sue the owner for dam ages, if the general services so contracted for are not rendered, but when a janitor is en gaged by a tenant on some special service. such tenant becomes dominus pro tempore, and as such he incurs a liability similar to the landlord's; so when be attempts to inter fere with or assume the direction of the jan itor when the latter is discharging any gen eral duty. See [1893] 1 Ch. 1. In either case his duties and liabilities are regulated by the general principles of the law of Mas ter and Servant.
The distinction between the tenants of fiats and lodgers and guests at a hotel is, that while the latter may have the exclusive en joyment of their lodgings or rooms, they have not, as have the tenants of flats, the exclu sive possession; 30 L. J. M. C. 74.
See, generally, APARTMENT ; LEASE ; LAND LORD AND TENANT.