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ARTICLE 1643.

In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a
thing for a price certain, and for a period which may be definite or indefinite. However, no lease for more than
ninety-nine years shall be valid.

ARTICLE 1645. Consumable goods cannot be the subject matter of a


contract of lease, except when they are merely to be exhibited or when they are
accessory to an industrial establishment.

Article 1647. If a lease is to be recorded in the Registry of Property, the following persons cannot constitute the
same without proper authority: the husband with respect to the wife's paraphernal real estate, the father or guardian
as to the property of the minor or ward, and the manager without special power.

Article 1649. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the
contrary. 

Article 1651. Without prejudice to his obligation toward the sublessor, the sublessee is bound to the lessor for all
acts which refer to the use and preservation of the thing leased in the manner stipulated between the lessor and the
lessee.

Article 1652. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. However, the
sublessee shall not be responsible beyond the amount of rent due from him, in accordance with the terms of the
sublease, at the time of the extra-judicial demand by the lessor.

Article 1653. The provisions governing warranty, contained in the Title on Sales, shall be applicable to the contract
of lease.

In the cases where the return of the price is required, reduction shall be made in proportion to the time during which
the lessee enjoyed the thing.

Article 1655. If the thing leased is totally destroyed by a fortuitous event, the lease is extinguished. If the
destruction is partial, the lessee may choose between a proportional reduction of the rent and a rescission of the
lease. 

Article 1656. The lessor of a business or industrial establishment may continue engaging in the same business or
industry to which the lessee devotes the thing leased, unless there is a stipulation to the contrary. 

Article 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.

Article 1658. The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs
or to maintain the lessee in peaceful and adequate enjoyment of the property leased. 
Article 1659. If the lessor or the lessee should not comply with the obligations set forth in articles 1654 and 1657,
the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter,
allowing the contract to remain in force. 

Article 1660. If a dwelling place or any other building intended for human habitation is in such a condition that its
use brings imminent and serious danger to life or health, the lessee may terminate the lease at once by notifying the
lessor, even if at the time the contract was perfected the former knew of the dangerous condition or waived the right
to rescind the lease on account of this condition.

Article 1662. If during the lease it should become necessary to make some urgent repairs upon the thing leased,
which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may
be very annoying to him, and although during the same, he may be deprived of a part of the premises.

If the repairs last more than forty days the rent shall be reduced in proportion to the time - including the first forty
days - and the part of the property of which the lessee has been deprived.

When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes
uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the
lessee.

Article 1663. The lessee is obliged to bring to the knowledge of the proprietor, within the shortest possible time,
every usurpation or untoward act which any third person may have committed or may be openly preparing to carry
out upon the thing leased.

He is also obliged to advise the owner, with the same urgency, of the need of all repairs included in No. 2 of article
1654.

In both cases the lessee shall be liable for the damages which, through his negligence, may be suffered by the
proprietor.

If the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at
the lessor's cost.

Article 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. 

Article 1665. The lessee shall return the thing leased, upon the termination of the lease, as he received it, save what
has been lost or impaired by the lapse of time, or by ordinary wear and tear, or from an inevitable cause. 

Article 1666. In the absence of a statement concerning the condition of the thing at the time the lease was
constituted, the law presumes that the lessee received it in good condition, unless there is proof to the contrary. 

Article 1667. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took
place without his fault. This burden of proof on the lessee does not apply when the destruction is due to earthquake,
flood, storm or other natural calamity.

Article 1668. The lessee is liable for any deterioration caused by members of his household and by guests and
visitors.
Article 1670. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with
the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is
understood that there is an implied new lease, not for the period of the original contract, but for the time established
in articles 1682 and 1687. The other terms of the original contract shall be revived.

Article 1671. If the lessee continues enjoying the thing after the expiration of the contract, over the lessor's
objection, the former shall be subject to the responsibilities of a possessor in bad faith.

Article 1672. In case of an implied new lease, the obligations contracted by a third person for the security of the
principal contract shall cease with respect to the new lease. 

Article 1674. In ejectment cases where an appeal is taken the remedy granted in article 539, second paragraph, shall
also apply, if the higher court is satisfied that the lessee's appeal is frivolous or dilatory, or that the lessor's appeal is
prima facie meritorious. The period of ten days referred to in said article shall be counted from the time the appeal is
perfected.

Article 1676. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property
may terminate the lease, save when there is a stipulation to the contrary in the contract of sale, or when the purchaser
knows of the existence of the lease.

If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest
which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered.

If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee cannot make use of the right
granted in the first paragraph of this article. The sale is presumed to be fictitious if at the time the supposed vendee
demands the termination of the lease, the sale is not recorded in the Registry of Property.

Article 1677. The purchaser in a sale with the right of redemption cannot make use of the power to eject the lessee
until the end of the period for the redemption. 

Article 1678. If the lessee makes, in good faith, useful improvements which are suitable to the use for which the
lease is intended, without altering the form or substance of the property leased, the lessor upon the termination of the
lease shall pay the lessee one-half of the value of the improvements at that time. Should the lessor refuse to
reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer
damage thereby. He shall not, however, cause any more impairment upon the property leased than is necessary.

With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement, but he may remove the
ornamental objects, provided no damage is caused to the principal thing, and the lessor does not choose to retain
them by paying their value at the time the lease is extinguished.

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