Louisiana Civil Code

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CHAPTER 3 - THE OBLIGATIONS OF THE LESSOR AND THE LESSEE

 

SECTION 1 - PRINCIPAL OBLIGATIONS

Art. 2682. The lessor is bound:

(1) To deliver the thing to the lessee;

(2) To maintain the thing in a condition suitable for the purpose of which it was leased; and

(3) To protect the lessee's peaceful possession for the duration of the lease. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2683. The lessee is bound:

(1) To pay the rent in accordance with the agreed terms;

(2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and

(3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 2 - DELIVERY

Art. 2684. The lessor is bound to deliver the thing at the agreed time and in good condition suitable for the purpose for which it was leased. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2685. If the leased thing is an immovable and its extent differs from that which was agreed upon, the rights of the parties with regard to such discrepancy are governed by the provisions of the Title "Sale". [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 3 - USE OF THE THING BY THE LESSEE

Art. 2686. If the lessee uses the thing for a purpose other than that for which it was leased or in a manner that may cause damage to the thing, the lessor may obtain injunctive relief, dissolution of the lease, and any damages he may have sustained. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2687. The lessee is liable for damage to the thing caused by his fault or that of a person who, with his consent, is on the premises or uses the thing. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2688. The lessee is bound to notify the lessor without delay when the thing has been damaged or requires repair, or when his possession has been disturbed by a third person. The lessor is entitled to damages sustained as a result of the lessee's failure to perform this obligation. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2689. The lessor is bound to pay all taxes, assessments, and other charges that burden the thing, except those that arise from the use of the thing by the lessee. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 4 - ALTERATIONS, REPAIRS, AND ADDITIONS

Art. 2690. During the lease, the lessor may not make any alterations in the thing. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2691. During the lease, the lessor is bound to make all repairs that become necessary to maintain the thing in a condition suitable for the purpose for which it was leased, except those for which the lessee is responsible. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2692. The lessee is bound to repair damage to the thing caused by his fault or that of persons who, with his consent, are on the premises or use the thing, and to repair any deterioration resulting from his or their use to the extent it exceeds the normal or agreed use of the thing. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2693. If during the lease the thing requires a repair that cannot be postponed until the end of the lease, the lessor has the right to make that repair even if this causes the lessee to suffer inconvenience or loss of use of the thing.

In such a case, the lessee may obtain a reduction or abatement of the rent, or a dissolution of the lease, depending on all of the circumstances, including each party's fault or responsibility for the repair, the length of the repair period, and the extent of the loss of use. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2694. If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made. The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2695. In the absence of contrary agreement, upon termination of the lease, the rights and obligations of the parties with regard to attachments, additions, or other improvements made to the leased thing by the lessee are as follows:

(1) The lessee may remove all improvements that he made to the leased thing, provided that he restore the thing to its former condition.

(2) If the lessee does not remove the improvements, the lessor may:

(a) Appropriate ownership of the improvements by reimbursing the lessee for their costs or for the enhanced value of the leased thing whichever is less; or

(b) Demand that the lessee remove the improvements within a reasonable time and restore the leased thing to its former condition. If the lessee fails to do so, the lessor may remove the improvements and restore the leased thing to its former condition at the expense of the lessee or appropriate ownership of the improvements without any obligation of reimbursement to the lessee. Appropriation of the improvement by the lessor may only be accomplished by providing additional notice by certified mail to the lessee after expiration of the time given the lessee to remove the improvements.

(c) Until such time as the lessor appropriates the improvement, the improvements shall remain the property of the lessee and the lessee shall be solely responsible for any harm caused by the improvements. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

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