A lease of things is a contract where one party (the lessor) binds themselves to give another (the lessee) the enjoyment or use of a thing for a price certain and for a period. For leases of land and buildings, the Civil Code sets out the parties' obligations. The lessor must deliver the thing, make necessary repairs to keep it fit for the intended use, and maintain the lessee in the peaceful and adequate enjoyment of the lease for the duration. The lessee must pay the rent, use the thing as a diligent father of a family for the stipulated purpose, and pay for expenses of the deed of lease. On repairs, urgent repairs needed to prevent serious damage may be made by the lessee if the lessor fails, and the lessee may deduct the cost. On improvements, if the lessee in good faith makes useful improvements suitable to the use of the property, the lessor upon termination must pay the lessee one-half of their value at that time, or the lessee may remove them if this can be done without damage; ornamental improvements the lessee may remove if no damage results. A key rule is the implied new lease (tacita reconduccion): if at the end of the lease the lessee continues enjoying the thing for fifteen days with the lessor's acquiescence, and no notice to the contrary was given, an implied new lease arises, not for the original period but for the period of the rent payment (for example, month to month if the rent is monthly). So a land or building lease is a framework of reciprocal duties, and its end and renewal are governed by specific rules.
The Parties' Obligations
- The lessor must deliver the thing, make necessary repairs, and maintain peaceful enjoyment; while
- The lessee must pay rent, use the thing diligently for its purpose, and return it.
Repairs and Improvements
Urgent repairs the lessee may make and deduct if the lessor fails. For useful improvements made in good faith, the lessor must pay one-half their value on termination, or the lessee may remove them without damage; ornamental ones are removable if no damage.
Implied New Lease
Tacita reconduccion: if the lessee stays fifteen days after the term with the lessor's acquiescence and no contrary notice, an implied new lease arises — for the rent period (e.g., month to month), not the original term.
Practical Takeaways
- Lease = reciprocal duties (deliver/repair vs. pay/use properly);
- Useful improvements in good faith get half-value or removal;
- Staying on after the term can create an implied new lease.
Frequently Asked Questions
What are the lessor's obligations in a lease of land? To deliver the thing, make the necessary repairs to keep it fit for the intended use, and maintain the lessee in the peaceful and adequate enjoyment of the lease for its duration.
Who pays for improvements the tenant makes? For useful improvements made in good faith and suitable to the use of the property, the lessor upon termination must pay the lessee one-half of their value, or the lessee may remove them if this causes no damage.
What is an implied new lease (tacita reconduccion)? When the lessee continues enjoying the leased thing for fifteen days after the term with the lessor's acquiescence and no contrary notice, an implied new lease arises for the period of the rent payment, such as month to month.
Can a tenant make urgent repairs and deduct the cost? Yes. Urgent repairs needed to prevent serious damage may be made by the lessee if the lessor fails to make them, and the lessee may deduct the cost from the rent.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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