Obligations of the Lessee

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To pay rental – The lessee is obligated to pay the price of the lease according to the terms stipulated.[1]

To observe due diligence of a good father of a family – The lessee is required to use the thing leased as a diligent father of a family, devoting it to the use stipulated.[2] In the absence of such stipulation, that which may be inferred from the nature of the thing leased, according to the custom of the place, is to be observed.[3]

To pay for expenses on deed of lease – The lessee is to pay expenses for the preparation and execution of the deed of lease.[4]

To allow rescission – The lessee is obliged to allow the rescission of the contract and pay indemnification for damages, or only the latter, allowing the contract to remain in forceif the lessee should not comply with the obligations set forth in the immediately preceding three paragraphs.[5]

To release lessor in case of fortuitous event – The lessee is to release the lessor from his obligations in the contract of lease if the thing is totally destroyed by a fortuitous event.[6]

To permit lessor to continue same business with lessee – Unless there is a stipulation to the contrary, the lessee is to permit the lessor to continue engaging in the same business or industry to which the lessee devotes the thing leased if it is a business or industrial establishment.[7]

To tolerate work on urgent repairs – The lessee is to tolerate the work on urgent repairs upon the thing leased should it become necessary to make some, and such work cannot be deferred until the termination of the lease, although it may be very annoying to the lessee, and even if during the same, he may be deprived of a part of the premises, during the lease.[8]

To inform proprietor of untoward act by third person – The lessee is required to bring to the knowledge of the proprietor, within the shortest possible time, every usurpation or untoward act which any third person may have committed or may be openly preparing to carry out upon the thing leased.[9]

To advise owner of urgent repairs – The lessee is required to advise the owner, with the same urgency as in the earlier paragraph, of the need of all urgent repairs.[10]

To pay for damages – The negligent lessee is liable to pay for the damages which may be suffered by the proprietor-lessor if the lessee failed to do his obligations in the last two paragraphs.[11]

To not oblige lessor to answer for trespass of third person – The lessee cannot oblige the lessor to answer for a mere act of trespass which a third person may cause on the use of the thing leased; however, the lessee has a direct action against the intruder.[12]

To return the thing leased – The lessee is required to return the thing leased, upon the termination of the lease, as he received it, save what has been lost or impaired by the lapse of time, or by ordinary wear and tear, or from an inevitable cause.[13]

To answer for deterioration – Unless he proves that it took place without his fault, the lessee is responsible for the deterioration or loss of the thing leased.[14]

Same; Caused by household members, guests and visitors – The lessee is liable for any deterioration caused by members of his household and by guests and visitors.[15]

[1] Ibid. Article 1657 (1).

[2] Ibid. Article 1657 (2).

[3] Ibid. Article 1657 (2).

[4] Ibid. Article 1657 (3).

[5] Ibid. Article 1659.

[6] Ibid. Article 1655.

[7] Ibid. Article 1656.

[8] Ibid. Paragraph 1, Article 1662.

[9] Ibid. Paragraph 1, Article 1663.

[10] Ibid. Paragraph 2, Article 1663.

[11] Ibid. Paragraph 3, Article 1663.

[12] Ibid. Paragraph 1, Article 1664.

[13] Ibid. Article 1665.

[14] Ibid. Article 1667. “This burden of proof on the lessee does not apply when the destruction is due to earthquake, flood, storm or other natural calamity.” (Ibid.)

[15] Ibid. Article 1668.

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