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General Index abandonment; defined, 70, 92; earliest evidence for, 59; justifications for, 94-104, 152η, 192; justified, pledge of furnishings and, 115-119; unjustified, 92-94, 167. See also tenants actio ad exhibendum; its use by tenants, 156-157, 16m. See also fixtures actio conducti; its formula, 5657 ; interdict de migrando and, 117-122; for removing furnishings and fixtures, 118. See also praescriptio; tenants actio de deiectis et effusis, 52η, 132η, 139-141 actio de in rem verso, 16m actio de receptis nautantm, 84η actio furti; in farm lease, 166η; its use by landlords, 83-84; use by tenants, 65η, 138η. See also theft actio iniuriarum; granted to tenants, 65η actio legis Aquiliae; its use by landlords, 145-147; use by tenants, 65η, 139-141 actio locati; its formula, 56-57; used for expulsion, 83-86; used against tenant who harms third party, 139-141. See also landlords; praescriptio actio pigneraticia; used by tenants against precluding landlord, 118-119, 124-126. See also pledge of furnishings; preclusion actio Serviana, 107η, 114, 126 actio societatis; and co-tenancy, 36, 131-132, 137η Aelii Lamiae; as tenants, 42 Aemilius Lepidus Porcina, M.; as tenant, 41 Ancarenus Nothus; as tenant, 45 apartment, see cenacidum Aquilian liability, see actio legis Aquiliae arbitration, private; as alternative to litigation, 49η architects, 32-33. See also Ostia, buildings; Rome, buildings armies; billetting of, 96-98, 138-139 arson, see fires Athens; rental market, 22, 35η Atticus, T. Pomponius; leases out Cicero's property, 34-36; his own urban property, 24 Augustus, the Emperor; visits his freedmen's apartments, 16η, 43 Avianius Evander, C ; as tenant, 43 bailiffs; as building managers, 30 bona fides; its role in lease law, 57, 199η breach of contract; anticipatory, 72η; determined by aggrieved party, 71-73; in urban lease law, 69-71. See also abandon­ ment; expulsion break-ins, see theft Caelius Rufus, M.; as tenant, 42; his urban properties, 24 Calpurnius Piso, L.; as tenant, 41 2 43 Index capitalism in Roman rental market, 31-34, 187. See also rental market cautio damni i?ifecti; used by tenant, 98-100, 118-119, 153154 ; used against tenant's landlord, 157-158, 161. See also construction, faulty ceiling plaster, 20; leaky roofs, 16η, 42 cenaculum (apartment); in apartment blocks, 28; lease of, 41-46; in upper stories, 15-16 cenaculum form: described, 5-6, 52η; its origin, 7-8, 18-20; its social significance, 20. See also Ostia, housing; Rome, housing Cicero, M. Tullius; house at Rome, 23η; on investment, 24; uses middlemen as managers, 31, 34-36; his orations, 176η, 184η, 202; on property rights, 178η, 179η, 18in; on rent remissions, 163η; his son a prospective tenant, 42; his urban properties, 23-24 Cicero, Q. Tullius; his son considers leasing, 42; as tenant, 41; his urban properties, 24, 42, 67η Claudius, the Emperor; his administration of public hous­ ing- 25 clients; offered free quarters, 45, 58« Clodius Pulcher, P.; his urban property, 24, 42 Cluvius, M., Puteolan banker; his urban properties, 23-24 cognitio extra ordinem, see extraordinary cognition colonus, see farm lease comfort and security of tenant; and abandonment, 101-104; and deduction from rent, 150-155; and ius tollendi, 162. See also tenants condictio indebiti; when lease fails, 6on; for unowed rent, 122-123 conductor, see tenants construction at Rome, 23η; public policy concerning, 187188 faulty construction: and abandonment, 98-ioo; Crassus and, 32; drafts, 45; expulsion and, 71-74; leaky roofs, 16η, 42; at Ostia, 18 co-tenancy, 36, 131-132, 137η courts, Roman; in Empire, 49η; forensic discussion and law, 201-212; jurisprudence and, 175. See also litigation; orators Crassus, M. Licinius; his urban properties, 24, 32-34 cubiculum (bedroom), 6 culpa (negligence); earliest reference in lease law, 59; in eligendo, 149; in farm and urban lease, 199; and pledge of furnishings, 108; tenant's liability for, 135-141; tenant's vicarious liability for, 143-150; unusual forms of, 148, 149η custodia (safekeeping); tenant's liability for, 137η. See also culpa damage to leasehold, see actio legis Aquiliae; culpa; tenants damages (id quod interest); in actio locati for tenant's expul­ sion, 85-86; liquidated, 67, 143η; when tenant damages leasehold, 141; after unjustified expulsion, 76-77. See also rent mitigation of damages: earli­ est reference to, 59; by land244 Index lord, 169-172; by tenant, 172deduction from rent, 59, 150155 ; abandonment and, 155; pledge of furnishings and, 117 Demetrius of Alexandria; as tenant, 43 detention of leasehold; by ten­ ants, 64. See also possession deversoria (lodging houses...


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