Amendment status not verified — confirm the current text below against the official source.
To return the thing at the end of the lease, without deteriorations, save those which are inherent to its ordinary use. Article 1609 – Encumbrances on the property – The tenant is not bound to satisfy the encumbrances on the property, unless, the law expressly directs, and even in such cases, the encumbrances shall be paid on the account of the rent, unless otherwise agreed. Article 1610 – Delay by the landlord – Where the landlord fails to hand over to the tenant, the thing let out, within the agreed time, or as per the custom, he may claim damages from the landlord, by rescission of the contract or by compelling the landlord to observe. Article 1611 – Repairs – Where the landlord, upon the demand by the tenant, fails to carry out in the property let out, the repairs necessary for the use to which it is destined, the tenant may rescind the contract, claim losses and damages or have the said repairs carried out at the cost of the landlord, after notice in such, giving a definite time. Article 1612 – Deprivation of enjoyment of property on account of unforeseen event - Where the tenant is disturbed or deprived of the use of the property on account of unforeseen event or force majeure, in respect of the same property and not due to any act of the tenant, he may demand that the rent be reduced proportionate to the deprivation, if otherwise not agreed upon. Article 1613 – Eviction from the property let - Where the deprivation of use arises from eviction from the property, whatever is provided in the preceding article shall be observed, except where it is found that the landlord has acted in bad faith; because in such case, the tenant shall also be liable for damages. 340 Article 1614 – Right of retention for improvements - It is not lawful to the tenant to refuse to hand over the property at the end of the lease period. Only in case of improvements expressly consented in writing, or authorized by article 1611, he shall have right of retention, until realization of the amount of improvements duly proved. Article 1615 – Improvements made on land - In the case of lease of land for less than twenty years, the tenant, upon his eviction, has the right to have from the landlord the value of agricultural improvements, both necessary as well as useful, even though not expressly consented, unless there is stipulation to the contrary. § Sole paragraph - In such case, however, the value of the improvements and interest thereon shall be paid from the increase of annual income, arising therefrom, in the property where the improvements were carried out. Article 1616 – Unlawful retention of leased property - The tenant who unduly retains the property let out, shall be subject to losses and damages. Article 1617 – Rent in kind - In case the rent is payable in kind and has not been paid within time, it shall be paid in cash at the price prevailing at the time of the accrual, with an interest for the period of delay. Article 1618 – Presumed renewal of contract - If, after the tenancy period is over, the tenant continues in the enjoyment of the property without objection, it is presumed that the contract stands renewed in case of land for a period of one year and in case of buildings for a period of one year or for 6 months or for lesser period as per the local custom. Article 1619 – Death of contracting parties or transfer of the property - The contract of lease, date of which is declared in any authentic or authenticated document is not terminated upon the death of the landlord or tenant, not even on account of devolution of the property, either as universal heir or as sole heir, except for the provisions of the subsequent articles. 341 Article 1620 – Acquisition of property for public purpose - Where the transfer results from land acquisition for public purpose, the contract shall be rescinded, with prior compensation to the tenant. Article 1621 – Transfer of property on account of execution - Where the transmission results from execution, the following shall be observed: § 1 - The tenancies subject to registration shall subsist provided that the registration of the tenancy is prior to the registration of the act which gave rise to the execution. § 2 - The tenancies not subject to registration shall subsist, despite the execution, for all the time for which the contract has been made except if otherwise agreed upon. Article 1622 – Tenancy subject to registration - The tenancies exceeding one year, where there is anticipation of rent, and the tenancies exceeding four years where there is no anticipation, shall be subject to registration. SUB-SECTION II SPECIAL PROVISIONS IN RESPECT OF LEASES OF BUILDINGS Article 1623 – Duration of lease of buildings - Where the period of leases of building properties is not specified in the contract, it is deemed that the lease is for six months or one year, or for lesser period, as per the local custom. § Sole paragraph - Where there is custom to lease either for year or per semester, it is deemed that the lease is for semester. Article 1624 – Presumed renewal of contract - The lease is deemed as renewed, where the tenant has not vacated or the lessor has not evicted him in the manner provided by the local custom. Article 1625 – Fixation of notices - In places where there is practice of affixation of notices, the tenant who has affixed such notices is deemed to be evicted, and he is bound to allow inspection of the interior of the house to whomsoever wants to see it. 342 Article 1626 – Notice of termination of lease - In places where there is no practice of affixation of notices, the tenant shall intimate the lessor and the latter shall intimate the tenant, about the termination of the lease, with the anticipation of forty days before the end of the lease. SUB-SECTION III SPECIAL PROVISIONS IN RESPECT OF LEASES OF LAND Article 1627 – Cultivation of land under lease - The Tenant of lands is bound to cultivate them in such a manner that they are not deteriorated; otherwise he may be evicted and answers for losses and the damages. Article 1628 – Duration of lease of land - Where there is no stipulation as to the period of lease, it is deemed that the lease is made for the period as the custom prevailing in the land, and, in case of doubt what is the custom, the same not being uniform, it shall be never presumed that it has been made for a period necessary for less than one sowing and harvest, depending upon the cultivation made. Article 1629 – Notice for cessation of lease of land - The tenant for an unspecified period, who does not desire to continue with the lease shall inform the lessor with anticipation used in the locality and in the absence of any practice in that regard, 60 (sixty) days before the agricultural year ends, as per the local custom and type of cultivation. The same notice shall be given by the landlord to the tenant if the continuation of the contract does not suit him. Article 1630 – Bar on unilateral change in rent - The tenant is not entitled to ask for reduction of rent on the ground of extraordinary infertility, or substantial loss of pending fruits, on any fortuitous event, unless otherwise agreed upon. Article 1631 – Scope of application of provisions relating to lease of land - The present Code shall govern all the contracts of leases of rural properties, even where in the districts or provinces of the kingdom, before the promulgation of the code; such contracts were governed by special laws. 343 SUB-SECTION IV EVICTION Article 1632 – Form of procedure for eviction - The suit for eviction shall always be of summary nature. SECTION III HIRE Article 1633 – Object of hire – All the movables of non consumable nature and which are not excluded from commerce may be object of hire. Article 1634 – Provisions applicable to the contract of hire - The provisions of preceding section are applicable to the contract of hire to the extent they are compatible with the nature of mobiliary objects. Article 1635 – Cessation of installments or of rents - The transfer of the right to receive, at the specified time and price, any installment or rents, is governed by provisions contained in articles 785 to 795, save for what is provided in the fiscal laws as to the rents payable to the Government. CHAPTER XI USURY44 Article 1636 – Definition of contract of usury - Contract of usury takes place when anyone lends to another, money or other consumable, with the obligation to return an equivalent sum or an equal object subject to certain compensation in money or things in kind. 44 Articles 1636 to 1643 would now be regulated by the Indian Contract Act, 1872 and other specific legislation on Loans and Interests. 344 Article 1637 – Consumable which is not money – If the object of the contract is a consumable which is not money and the person bound does not return the same within the stipulated time, he shall pay it in money for the price prevailing at this time. Article 1638 – Certain and specific currency – If the contract is regarding certain and specified currency the restitution shall be done in the same currency and if the same is not available the provisions of articles 724 and 725 shall apply. Article 1639 – Contract between parties to prevail – The provisions of the preceding two articles shall not prevent that the parties stipulate to the contrary. Article 1640 – Legal interest – The parties may agree to such compensation as they may think. § Sole paragraph - In cases in which it is necessary to compensate or calculate interest in the absence of stipulation this shall be calculated at the rate of 6% p.a. Article 1641 – Rescission of contract of usury – The contract of usury is rescindable at the option of the debtor unless the said contract is stipulated for a said period, for in such case whatever is agreed shall be carried out. The creditor has the same right; but neither the debtor nor the creditor may exercise his right without notifying the other at least 30 days in advance. Article 1642 – Bar on compounding of interest - Interest accrued for more than 5 years cannot be claimed nor interest on interest, but the parties to a contract may by a new contract capitalize the interest which is already accrued. Article 1643 – Proof of the contract – To the proof of this contract the provision of article 1534 and its paragraph shall apply. CHAPTER XII RENT OR “CENSO CONSIGNATIVO” SECTION I 345 “CENSO CONSIGNATIVO” IN FUTURE Article 1644 – Definition of ‘censo consignativo ’45 – Contract of “censo consignativo” or rent is that by which one person gives to another a certain sum or capital for good, the one who receives it binding himself to pay certain annual interest in kind or in money assigning in some certain and specific immovables the liability to satisfy the charge. Article 1645 – Duration of the contract – The contract is by nature a perpetual cession of the capital lent; however the duty to pay the interest stipulated may be either perpetual or temporary. Article 1646 – External form of the contract - This contract shall be executed through Public Deed and in order to produce effect with respect to third parties shall be registered. Article 1647 – Compensation, transfer and division of rent contracts – For this contract the provisions laid down in article 1640 and 1662 are applicable. Article 1648 – Remission of rent – The rent contract whether perpetual or for more than 20 years can be rescinded at the end of this period if at the options the person who receives the capital, by returning the sum taken. Article 1649 – Non payment of interest - If the person who has agreed to pay the rent (i.e. the person who received the capital) fails to pay interest for 3 consecutive years the creditor may demand return of the capital. SECTION II ASSIGNMENT IN RESPECT OF PAST CONTRACTS 45 ‘Censo’ = census : count of people and their assets for the purpose of collecting revenue; eventually became synonymous with ground rent, annuity or payment of use of land. Even in England there was Census Regalis, the annual revenue or income of the Crown (Wharton’s Law Lexicon). 346 Article 1650 – Remission of past contracts - The contracts of assignment of the past, existing the date of the promulgation of this Code, may be redeemed by the interest payer, on the following terms: