Table of Contents

SECTION III – OF THE OBLIGATIONS OF THE LESSEE

Art. 26. The lessee is bound, 1st, to enjoy the thing leased as a good father of a family, according to the use for which it was intended by the lease; 2d, to pay the rent at the terms agreed on.

Art. 2[7]6. If the lessee makes another use of the thing than that for which it was intended, and if any loss is thereby sustained by the lessor, the latter may obtain the dissolution of the lease. The lessee, in that case shall be bound to pay the rent until the thing is again let out: and the said lessee is also liable for all the losses which the proprietor may have sustained thro his misconduct.

Art. 28. The lessee may be expelled from the tenement, if he fails to pay the rent when it becomes due.

Art. 29. The lessee is bound ipso facto to cause all the necessary repairs to be made which are actually to be made by tenants, unless the contrary hath been stipulated by contract.

Art. 30. The repairs which must be made at the expence of the tenant are those of hearth, back of chimneys, chimney ornaments and interior walls, a tenant must also cause any broken tile used in the paving of rooms to be replaced, but he shall not be obliged to repair said pavement, if it is entirely broken or worn out; a tenant must replace at his own expence any window glass accidentally broken, but he cannot be compelled to replace them, if they have been broken either in whole or in their greatest part by a hail storm or by any other accident which cannot be foreseen. He is also bound to keep in repair the doors, window shutters, the partitions, the shop windows, the locks and every thing of that kind as is regulated by customs.

Art. 31. The expences of the repairs which unforeseen events or decay may render necessary, must be supported by the lessor, though such repairs be of the nature of those which are usually done by the lessee.

Art. 32. The cleaning of wells and necessary houses shall be at the expence of the lessor, unless the contrary has been stipulated.

Art. 33. If an inventory has been made of the premises in which the situation at the time of the lease, has been stated, it shall be the duty of the lessee to deliver back every thing in the same state in which it was, when taken possession of by him, making however the necessary allowance for wear and tear and for unavoidable accidents.

Art. 34. If no inventory has been made, the lessee is presumed to have received the thing in good order, and he must return it in the same state, with the exceptions only contained in the preceding article.

Art. 35. The lessee is only liable for the injuries and losses sustained through his own fault.

Art. 36. He is however liable for the waste committed by the persons of his family or by those to whom he may have made a sub-lease.

Art. 37. He can only be liable for the destruction occasioned by fire when it is proved that the same has happened either by his own fault or neglect or by that of his family.

Art. 38. It is the duty of a farmer of a praedial estate, to prevent the same being encroached upon and to give notice to the proprietor, in case any such encroachment be made; the farmer of a praedial estate by neglect to do, would render himself liable for all damages resulting from said usurpation.

Art. 39. It is the duty of a person who has one or several slaves on hire, to give immediate notice to the lessor of said slaves, should any of them happen to get sick or to run away; said person by neglecting to do so, becomes liable for the loss that might incur.

 

SECTION IV – OF THE DISSOLUTION OF LEASES

Art. 40. A contract for letting out, is dissolved by the loss of the thing let out, or by the refusal either of the lessor or of the lessee to fulfil their engagements.

Art. 41. A lease made by one having a right of usufruct, ends when the right of usufruct ceases.
The lessee has no right to an indemnification from the heirs of the lessor if said lessor has made known to him the title under which he possessed.

Art. 42. A contract for letting out a thing, is not dissolved by the death of the lessor nor by that of the lessee; their respective heirs are bound by the contract.

Art. 43. The lessor cannot dissolve the lease for the purpose of occupying himself the premises, unless that right has been reserved to him by the contract.

Art. 44. If the lessor sells the thing leased, the purchaser cannot turn out the tenant, before his lease has expired, unless the contrary has been stipulated in the contract.

Art. 45. If the lessor has reserved to himself in the agreement, the right of taking possession of the thing leased, whenever he should think proper, he is not bound to make any indemnification to the lessee, unless it be specified by the contract; the lessor is bound in that case, to give him the legal notice or warning prescribed in the 11th preceding article.

Art. 46. If it has been agreed by the parties, at the time the lease was made, that in case the property was sold, the purchaser should be at liberty to take immediate possession, and if no indemnity has been stipulated, the lessor shall be bound to indemnify the lessee in the following manner.

Art. 47. If it be a house, room or shop, the lessor shall pay, as an indemnification to the evicted tenant, a sum equal to the amount of the rent for the time granted in the 11th article between receiving the warning and going out.

Art. 48. If it be a predial estate, the indemnification to be paid by the lessor to the evicted farmer, shall be the third of the price of the rent, during the time not yet elapsed to the expiration of the lease.

Art. 49. The quantum of damages shall be determined by skilful men, when the controversy relates to manufactures, mines and things of that kind which require great disbursements.

Art. 50. The purchaser of a leased inheritance, where the right of taking possession has been reserved, shall however previous to taking possession of the same, give to the tenant of said estate the warning required by the 11th article.
The farmers of predial estates shall have one year notice.

Art. 51. Previous to the eviction of a farmer or tenant, the afore prescribed indemnifications must be paid to him either by the lessor, or in his defect by the new purchaser.

Art. 52. If the lease has not been reduced to writing, the purchaser cannot be compelled to give any indemnification.

Art. 53. A person who has purchased an estate, the former proprietor of which has reserved by contract, the right of redemption, cannot turn out the lessee until by the expiration of the time fixed for the said redemption, the purchaser becomes the irrevocable owner.

Art. 54. The tenant of a predial estate cannot claim an abatement of the rent, under the plea that, during the lease, either the whole or a part of his crop, has been destroyed by accidents, unless those accidents be of such an extraordinary nature that they could not have been foreseen by either of the parties at the time the contract was made, such as the ravages of war extending over a country then at peace and where no person entertained any apprehension of being exposed to some invasion or the like;
But even in those cases, the loss suffered must have been equal to the value of one half of the crop at least, to entitle the tenant to an abatement of the rent.
The tenant has no right to an abatement, if it is stipulated in the contract, that said tenant shall run all chances of all foreseen and unforeseen accidents.




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