The principal condition for the plumber to guard against when signing a lease, is a condition calling upon him to keep the premises in repair and at the expiration of the lease to surrender them in as good order and condition as when received, usual wear and tear excepted. The condition is usually worded something like the following:

"And during the said term will keep the premises in good condition, order and repair, and at the termination of said term will deliver up the said premises in as good condition, order and repair as the same now are, reasonable wear and tear excepted."

The trouble with a lease containing an innocent clause like the foregoing, lies in the fact that if destroyed by fire, earthquake, tornado, flood or other agency, the lessee cannot deliver them up in as good condition and repair as they are when he leases them, without rebuilding. And that is just what the courts insist upon him doing. A contract to repair, according to law, is a contract to rebuild. And in case of damages from any cause, outside the acts of God or the public enemy, the lessee will have to repair the premises and put them in as good condition as when he took possession, even though in order to do so, he had to rebuild the premises. It is possible that in most courts, damages from earthquakes, might excuse him, and possibly, but only possibly, a windstorm or tornado.

All such responsibility, however, can be avoided by insisting that the section be made to read:

"And during the said term will keep said premises in good condition, order and repair, and at the termination of said term will deliver up the said premises in as good condition, order and repair, as the same now are, reasonable wear and tear and damages from accidental fire, or other causes beyond the control of the lessee, excepted."