Obligations of the Lessor

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To deliver leased property –The lessor is obliged to deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended.[1]

To do necessary repairs – Unless there is a stipulation to the contrary, the lessor is required to make on the leased property during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted.[2]

To maintain lessee in peaceful and adequate enjoyment – The lessor is to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.[3]

To allow rescission – The lessor is obligated 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 last three paragraphs.[4]

To grant proportional reduction of rent – The lessor is required to grant to the lessee proportional reduction of the rent and a rescission of the lease if the thing leased is partially destroyed.[5]

To respect lessee’s right to suspend payment – The lessor is to respect the lessee’s right to suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased.[6]

To allow termination of lease – The lessor is required to allow the lessee to terminate the lease at once by notifying the lessor, even if at the time the contract was perfected the lessee knew of the dangerous condition or waived the right to rescind the lease on account of this condition.[7] This rule applies only if the lease involves a dwelling place or any other building intended for human habitation is in such a condition that its use brings imminent and serious danger to life or health.[8]

To prevent alteration that impairs use of thing – The lessor is obligated not to alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of the lease.[9]

To pay for urgent repairs – If the lessor fails to do so, he is required to pay the urgent repairs made by the lessee in order to avoid imminent danger.[10]

Same; To reduce rent in case of urgent work – The lessor is to reduce the rent in proportion to the time – including the first 40 days, and the part of the property of which the lessee has been deprived, if the repairs for urgent work lasts more than 40 days.[11]

Same; To allow termination when dwelling becomes uninhabitable – The lessor is to allow the rescission of the contract if the main purpose of the lease is to provide a dwelling place for the lessee, and the urgent work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable.[12]

[1] Ibid. Article 1654 (1).

[2] Ibid. Article 1654 (2).

[3] Ibid. Article 1654 (3).

[4] Ibid. Article 1659.

[5] Ibid. Article 1655.

[6] Ibid. Article 1658.

[7] Ibid. Article 1660.

[8] Ibid.

[9] CIVIL CODE. Article 1661.

[10] Ibid. Paragraph 3, Article 1663.

[11] Ibid. Paragraph 2, Article 1662.

[12] Ibid. Paragraph 3, Article 1662.

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