320. Tenant's liability for repair.

In the absence of an express stipulation, the tenant's liability for the maintenance of the premises depends partly on the doctrine of waste1, and partly on an implied obligation to use the premises in a tenantlike manner2. The liability for waste is not founded on contract and accordingly is not excluded on the ground that there is an express contract dealing with the same matter3. The implied obligation to use the premises in a tenantlike manner is, however, excluded where there is an express contract to repair