Lessor’s rights and obligations


Rights of the lessor:
1) To rescission and indemnification for damages;
If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 [lessor’s obligations] and 1657 [lessee’s obligations], the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. (Article 1659, Ibid.)
2) To continue in same business of lessee – unless otherwise prohibited;
The lessor of a business or industrial establishment may continue engaging in the same business or industry to which the lessee devotes the thing leased, unless there is a stipulation to the contrary. (Article 1656, Ibid.)
3) To be not obligated for an intruders’ mere act of trespass;
The lessor is not obliged to answer for a mere act of trespass which a third person may cause on the use of the thing leased; but the lessee shall have a direct action against the intruder.(Article 1664, Ibid.)
There is a mere act of trespass when the third person claims no right whatever. (Paragraph 2, Article 1664, Ibid.)
4) To judicially eject lessee;
The lessor may judicially eject the lessee for any of the following causes:
a) When the period agreed upon, or that which is fixed for the duration of leases under Articles 1682 and 1687, has expired;
b) Lack of payment of the price stipulated;
c) Violation of any of the conditions agreed upon in the contract;
d) When the lessee devotes the thing leased to any use or service not stipulated which causes the deterioration thereof; or if he does not observe the requirement in No. 2 of Article 1657, as regards the use thereof. (Article 1673, Ibid.)


Obligations of the lessor:
1) To deliver the thing leased;
To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended (Article 1654[1], Ibid.)
2) To necessary repairs;
To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary (Article 1654[2], Ibid.)
3) To maintain lessee in peaceful an adequate enjoyment of the lease;
To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract (Article 1654[3], Ibid.)
4) To refrain from alterations that might impair the thing leased;
The lessor cannot 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. (Article 1661, Ibid.)

Lease of rural land when its duration has not been fixed. The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for all the time necessary for the gathering of the fruits which the whole estate leased may yield in one year, or which it may yield once, although two or more years have to elapse for the purpose.(Article 1682, Ibid.)

⦁ If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed upon is annual; from month to month, if it is monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily. However, even though a monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. If the rent is weekly, the courts may likewise determine a longer period after the lessee has been in possession for over six months. In case of daily rent, the courts may also fix a longer period after the lessee has stayed in the place for over one month. (Article 1687, Ibid.)

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