super condensed 3

definition

under the cc a lease is. contract where the lessor grants the levee the temporary use of a thing in exchange for rent

• use is transferred not ownership

characteristics

• consensual= created by agreement no formalities required

• onerous= both parties benefit

• continuous performance=obligations continue over time

• atypical= regulated ny cc law on urban leases law on rural leases

  • cc regulates generally rights and obligations rent duration and termination

  • special laws override the cc so it only applies subsidiarily

contractual freedom

parties may decide on rent duration and use conditions however are limited by mandatory tenant protection rules

lau urban leases

residential= permanent residence

• strong tenant protection

• mandatory rules cannot be modified

non residential= shops, offices, Erasmus housing, seasonal rentals over 2 + months contnuos stay

• greater contractual freedom ie dispositive rules apply unless parties agree otherwise

essential elements

1. parties

2. object

3. rent

4. duration

5. form

parties

lessor obligation

• deliver the property

• perform necessary repairs

• guarantee peaceful enjoyment

lessor rights

• receive rent

• recover property

• demand proper use

lessee obligations

• pay rent

• use property properly

• care for property

• return property

object

the thing whose use is trasnferred

• lawful

• possible

• identifiable

ownership is not transferred

rent

must be

• real

• determined or determinable

• periodic not lump sum

in mandatory period rent can only be increased if contract allows it

• rent increase for improvements only valid if carried out after period

duration

lease must be temporary

• can be expressly stated= terminates automatically

• tacit renewal= if tenant remains 15 days without object new lease arises

  • depends on rent period= pay monthly extra month

• mandatory period= even if contract says a shorter term tenant has a right to stay 6 years [rivate landlord 7 years company land lord= tenant automatically extends each year

  • landlord can only recover earlier if its needed for personal family use and it was expressly stated in the contract

    • 1 year into lease and 2 months notice

form

lease can be written or verbal but either party may request written

maintenance

• landlord obliged for necessary repairs

• tenant for minor repairs from normal use

• tenant may terminate if dwelling becomes uninhabitable

improvements

• tenant needs landlord consent for structural changes

• landlord improvement allowed only if unavoidable

• rent increase due to improvements only after 5 years indiv 7 years company

rent update

• only if expressly included in contract

  • only once per year

  • based on index or inflation

• expenses= tenant pays only what is stated in contract

right of first refusal

if landlord sells

• pre emption= tenant can buy first

• redemption= tenant can replace buyer if not informed

security deposit

guarantees unpaid rent and damages

• returns within 1 month after lease ends

• 1 month for residential 2 months for non residential

trasnfer of lease rights

• assignment= transfers entire lease requiring landlord written consent

• sublease= tenant rents to third party requiring landlord written consent

• intervivos sub= spouse replaces tenant

• mortis cause= relatives continue lease after death if permanent residence and lived with deceased and notify within 3 months

termination

• tenant unilateral term

• abandonment

• sale of property

• loss of landlord rights

• destruction of property

• breach of contract

eviction

court process to recover property when tenant refuses to leave

• lease epiration

• breach of obligations

process

• landlord files eviction claim

• court issues judgement

• tenant must vacate

• if tenant remains=ejection

  • physical removal by auhroties enforcing court judgement