At common law, the tenant was liable to rebuild or repair if the house was destroyed or damaged by fire unless the burning was by lightning or act of God, because, unless the tenant repaired the damage within a convenient time, he committed waste1. No distinction was made between accidental fires and fires caused by negligence2. By statute, however, no claim may be maintained against any person in whose house or other building any fire accidentally3 begins, but this is without prejudice to any contract between landlord and tenant
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