327. Extent of tenant's liability for waste.

The liability of a tenant for waste, apart from covenant, depends upon the nature of his tenancy1. A tenant at will is not liable for either voluntary or permissive waste as such2, although as voluntary waste terminates the tenancy, and renders him liable in trespass3, he is in fact liable for damage to the premises caused by his own wilful act4.

Tenants for years, or from year to year, or for any other period, are liable for voluntary waste, whether committed by themselves or any other person, since, if it is committed by another, they are presumed to be able