The Law of Hotel Life; or, the Wrongs and Rights of Host and Guest

by R. Vashon Rogers

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Our intended rooms being now somewhat denuded of their necessary furnishings we arranged with our landlord-about-to-be to send in all necessary articles within a reasonable time. Unfortunately, however, this new arrangement was not embodied in our written agreement; so I found out—when too late—that our landlord (a man of the eel kind) was not bound to put in the furniture. If it had been in writing, it would then have formed an inseparable part of the contract, and the man could not have obtained his rent until he had done his duty.[424]

We had scarcely got settled in our new quarters before we discovered that our rose possessed a thorn or two. The morning after our arrival, we were honored with the visit of a choleric gent, who informed us that he occupied the rooms on the flat below and that our water pipes had leaked through and damaged irreparably some of his property. I am thankful, however, to say that I was able to point out to him that the defects in the pipe could not have been detected without examination; that as we did not know of them, and had not been guilty of any negligence, we were not liable for the damage which he had unfortunately sustained, there being no obligation upon us to keep—at our peril—the water in the pipe.[425]

We next had trouble about a stovepipe which had to pass through another person’s room. When we began to put it up our neighbor threatened to take it down and stop up the hole; but knowing that as there had been a pipe through his room before the surly fellow moved in he only had the room subject to the easement of the stovepipe and hole,[426] I remained firm and steadfast, and finally won a way for the obnoxious, black, cylindrical smoke-conductor, and we hoped to hear the kettle sing merrily, and the pots bubble, and spirt, and boil in peace, if not in quietude.

But our triumph was not for long. Barely was the stove in full blast when the boiler attached exploded with a terrific uproar. Considerable damage was done; my wife was clamorous that I should at once interview the landlord, especially as we thought that the accident could not have happened had there been a safety-valve to the boiler; but I said that it would be useless to talk about it unless we could prove that he knew of the defect, or had reason to suspect it, or that damage was to be apprehended from the use of the boiler for the purpose for which it was intended;[427] although on one occasion the courts held a landlord liable for injuries arising from the explosion of gas, caused by the pipes in the tenant’s room not having been properly secured.[428]

In the afternoon it began to rain in the style commonly called “cats and dogs,” or “pitchforks,” and soon we heard pit—pit—pit, patter—patter—patter, spit—spit—spit, spatter—spatter—spatter, sounding nearer than the dripping outside would seem to warrant, and on investigation we found that the rain was coming through the roof and dropping down in ugly splashes upon one of our most handsome and costly volumes.

“Can we make the landlord pay for the damage done by his old leaky roof?” asked my wife, as with her best cambric handkerchief she tried to swab up the wet.

“I fear me not. I remember Baron Martin saying that one who takes a floor in a house must be held to take the premises as they are, and cannot complain that the house was not constructed differently. This storm may have blown off some shingles, and then, even if our landlord is bound to use reasonable care in keeping the roof secure, he cannot be held responsible for what no reasonable care and vigilance could have provided against. He cannot certainly be considered guilty of negligence if he has caused the roof to be examined periodically, and if it was all secure the last time it was looked at.[429] Still, in New York State it was decided that where a landlord, who himself occupied an upper flat, allowed liquids to leak through into his tenants’ rooms, he was liable.”[430]

“I should think, indeed, that a man should keep his house in repair, so that his tenants’ goods are not ruined,” indignantly said Mrs. Lawyer.

“You may say that, but the law says quite the reverse. It is perfectly clear that a landlord is not bound to do any repairs, however necessary they may be, except such as he personally agrees to do. The law will not imply any contract of that sort on his part. That was decided in a case where large gaps opened in the main walls, and it took several hours of hard pumping daily to keep the water out of the basement.[431]