Obligations of Lessor and Lessee

What are the obligations of the lessor?

Obligations of the lessor is expressly enumerated in this article of the New Civil Code:

Art. 1654. 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.
(1554a)

*The lessor is also obliged not to alter the form in such a way as to impair the use to which the thing is devoted

What are the obligations of the Lessee?

Obligations of the lessee is expressly enumerated in this article of the New Civil Code:

Art. 1657. The lessee is obliged:

(1) To pay the price of the lease according to the terms stipulated;

(2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be inferred from the nature of the thing leased, according to the custom of the place;

(3) To pay expenses for the deed of lease. (1555)

*The lessee is obliged to pay rent, to use the thing leased as a diligent father of a family, devoting it to the use stipulated, to pay expenses for the deed of lease, to notify the lessor of usurpation or untoward acts, to notify the lessor of need for repairs, to return the property leased upon.

What are the rules in case of urgent repairs?

The lessee is obliged to tolerate the work although it may be very annoying to him and although during the same time he may be deprived of a part of the premises, if repairs last for not more than 40 days. If the period is 40 days or more, lessee can ask for reduction of the rent in proportion to the time including the 1st 40 days and the part of the property of which he is deprived

What are the effects if lessor fails to make urgent repairs?

The lessee may:
1. Order repair at the lessor’s cost
2. Sue for damages
3. Suspend the payment of the rent
4. Ask for rescission, in case of substantial damage to him

What are the kinds of trespass in lease?

Art. 1664. 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.
There is a mere act of trespass when the third person claims no right whatever. (1560a)

1. Trespass in fact is when the physical enjoyment is reduced. There is a mere physical disturbance on the property leased such as an intrusion of an intruder without any legal claim to justify his entry into the property. The lessor will not be held liable. The duty to maintain the lessee in the peaceful enjoyment of the lease is a warranty that the lessee shallnot be disturbed in hislegal, and notphysical, possession

2. Trespass in lawis whena third person claims legal right to enjoy the premisesand the lessor will be held liable.

References:

The New Civil Code

Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.

Robles V. LizarragaHnos. G.R. No. L-16736, December 22, 1921

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