OBLIGATIONS OF THE LESSOR

• The lessor is obliged to deliver the thing which is the object of the contract.

• The lessor is obliged to make of necessary repairs.

• The lessor is obliged to maintain the lessee in the peaceful and adequate enjoyment of the leased property.

In a Contract of Lease, what are the obligations of the lessor?

The laws says:

“ARTICLE 1654 of the Civil Code –  The lessor is obliged:

1. To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended;

2. 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;

3. To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.”

Accordingly, the lessor has three important duties:

(a) Delivery of the object;

(b) Making of necessary repairs; and

(c) Maintenance in peaceful and adequate possession

The thing leased must be delivered in order that the lessee may enjoy or use the same. If the lessor does not do so, he can be compelled by the Lessee. Also, at the time of delivery, the thing must be in a condition fit for the use intended.

When a lessee rents a building which turns out, however, to be occupied by another person, and the former cannot obtain possession, the lessee’s cause of action is against the lessor for breach of contract in that the latter violated the obligation of delivering to him the peaceful possession of the leased premises.

A lessee who fails to take possession of the leased premises on account of the presence of third persons unwilling to vacate the premises because of some previous act or transaction of the lessor, should institute the action against the lessor based upon the latter’s failure to comply his obligation to deliver the same.

The lessor is also obliged to make necessary repairs to keep the thing leased suitable for the use to which it has been devoted, unless there is a stipulation to the contrary. If the lessor fails in the performance of this duty, the lessee may suspend the payment of rent or avail himself of the other remedies provided in the law.

The lessor however, is not liable for repairs for damages or deterioration caused by the lessee himself.

The word “repairs,’’ in its ordinary acceptation, must be understood to apply to the restoration of things after injury or partial destruction, without complete loss of identity in the thing repaired.

When the lessor agrees to keep a building under lease in a proper condition but fails to do so, and the lessee vacates the building before the expiration of the lease, the lessor cannot recover damages nor rent for the unexpired term.

The lessor has also an obligation to maintain the lessee in the peaceful and adequate enjoyment of the leased property.  The lessor’s obligation to maintain the lessee arises when acts termed “legal trespass’’ disturb, dispute, or place difficulties in the lessee’s peaceful and adequate enjoyment of the leased premises that in some manner or other cast doubt upon the right of the lessor to execute the lease. In this case, the lessor must answer for such legal trespass.  The lessor who fails in the performance of his obligations shall be subject to indemnity for the losses and damages caused thereby.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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