Book III: Different ways of acquiring property

The provisions of the second and third paragraphs of article 595 relating to leases entered into by usufructuaries are applicable to leases entered into by the tutor without the authorisation of the family council.

The lessor is obliged, by the nature of the contract, and without the need for any specific stipulation: 1° To provide the lessee with the rented property and, if it is his principal dwelling, decent accommodation. Where premises leased for residential use are unfit for such use, the lessor may not rely on the nullity of the lease or its termination to seek the eviction of the occupant ; 2°…

The lessor is obliged to deliver the property in a good state of repair of all kinds. He must make, during the term of the lease, all repairs that may become necessary, other than rental repairs.

The lessee is owed a guarantee for all defects or faults in the leased property that prevent its use, even if the lessor did not know of them at the time of the lease. If these defects or faults result in any loss for the lessee, the lessor is obliged to compensate him.

If, during the term of the lease, the leased property is destroyed in its entirety by a fortuitous event, the lease is terminated ipso jure; if it is destroyed only in part, the lessee may, depending on the circumstances, request either a reduction in the price, or the termination of the lease itself. In either case, there is no entitlement to compensation.

The lessor may not, during the term of the lease, change the form of the thing leased.

If, during the lease, the leased thing requires urgent repairs that cannot be deferred until its end, the lessee must suffer them, whatever inconvenience they cause him, and even though he is deprived, while they are being carried out, of part of the leased thing. But, if these repairs last for more than twenty-one days, the price of the lease shall be reduced in proportion to the time and the…

The lessor is not obliged to guarantee the lessee against any disturbance caused by third parties to the lessee’s enjoyment of the leased property by de facto means, without claiming any rights over the leased property; except that the lessee may sue them in his own name.

If, on the other hand, the tenant or farmer has been disturbed in their enjoyment as a result of an action concerning the ownership of the land, they shall be entitled to a proportionate reduction on the price of the lease for rent or farm, provided that the disturbance and impediment have been reported to the owner.

If those who committed the assault or battery claim to have any right over the leased thing, or if the lessee himself is summoned to court to be ordered to surrender all or part of the thing, or to suffer the exercise of any easement, he must call the lessor as guarantor, and must be put out of action, if he so requires, by naming the lessor for whom he…