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ART. 2671.-If, in the lease of a predial estate, the premises have been stated to be of a greater extent than they in reality are, the lessee may claim an abatement of the rent, in the cases and subject to the provisions prescribed in the title of Sale.
ART. 2672.—The lessor, and not the lessee, unless there be a stipulation to the contrary, must hear all the real charges with which the thing leased is burthened. Thus he has to pay the taxes, rents and other dues imposed upon the thing leased.
ART. 2673.-The lessor is not bound to guarantee the lessee against disturbance caused by persons not claiming any right to the premises; but in that case the lessee has a right of action for damages sustained against the person occasioning such disturbance.
ART. 2674.-If the persons by whom those acts of disturbance have been committed, pretend to have a right to the thing leased, or if the lessee is cited to appear before a court of justice to answer to the complaint of the persons thus claiming the whole or a part of the thing leased, or claiming some species of services on the same, he shall call the lessor in warranty, and shall be dismissed from the suit, if he wishes it, by naming the person under whose rights he
possesses. ART. 2675.-The lessor has, for the payment of his rent, and other obligations of the lease, a right of pledge on the moveable effects of the lessee, which are found on the property leased.
In the case of predial estates, this right embraces every thing that serves for the labours of the farm, the furniture of the lessee's house, and the fruits produced during the lease of the land : and in the case of houses and other edifices, it includes the furniture of the lessee, and the merchandize contained in the house or apartmenl, if it be a store or shop.
ART. 2676.-This right includes, not only the effects
of the principal lessee or tenant, but those of the undertenant, so far as the latter is indebted to the principal lessee, at the time when the proprietor choses to exercise his right. - A payment made in anticipation, by the under-tenant to his principal, does not release him from the owner's claim.
ART. 2677.-This right of pledge affects, not only the moveables of the lessee and under-lessee, but also those belonging to third persons, when their goods are contained in the house or store, by their own consent, express or implied.
ART. 2678.-Moveables are not subject to this right, when they are only transiently or accidentally in the house, store, or shop, such as the baggage of a traveller in an inn, merchandize sent to a workman to be made up or repaired, and effects lodged in the store of an auctioneer to be sold.
ART. 2679.-In the exercise of this right, the lessor may seize the objects, which are subject to it, before the lessee takes them away, or within fifteen days after they are taken away, if they continue to be the property of the lessee, and can be identified.
Of the Obligations and Rights of the Lessee.
1. To enjoy the thing leased as a good administrator, according to the use for which it was intended by the
2. To pay the rent at the terms agreed on.
ART, 2681.-If the lessee makes another use of the thing than that for which it was intended, and if any loss is thereby sustained by the lessor, the latter may obtain the dissolution of the lease.
The lessee, in that case, shall be bound to pay the rent, until the thing is again leased out; and the lessee is also liable for all the losses which the proprietor may have sustained through his misconduct.
ART. 2682.-The lessee may be expelled from the tenement, if he fails to pay the rent when it becomes
ART. 2683.-When the lessor has given notice to the lessee, in the manner directed by the law, to quit the property, and the lessee persists in remaining on il, the lessor may have him summoned before a justice of the peace, and condemned to depart; and if, three days after notice of the judgment, he has not obeyed, the justice of the peace may order that he shall be expelled, and that the property shall be cleared by the constable, at his expense.
ART. 2684. The constable, charged with the execution of this order, may force the doors and windows, if they are shut, and seize and sell such portion of the effects of the lessee as may be necessary to pay the costs.
ART. 2685.—The lessee is bound to cause all necessary repairs to be made which it is incumbent on lessees to make, unless the contrary hath been stipulated.
ART. 2686.–The repairs, which must be made at the expense of the tenant, are those which, during the lease, it becomes necessary to make :
To the hearth, back of chimneys and chimney casings;
To the plastering of the lower part of interior walls;
To the pavement of rooms, when it is but partially broken, but not when it is in a state of decay;
For replacing window glass, when broken accidentally, bul not when broken either in wbole or in their
greatest part by a hail-storm or by any other inevitable accident :
To windows, shutters, partitions, shop windows, locks and hinges, and every thing of that kind, according to the custom of the place.
ART. 2687.—The expenses of the repairs, which uvforeseen events or decay may render necessary, must be supported by the lessor, though such repairs be of the nature of those which are usually done by the lessee.
ART. 2688.-The cleaning of wells and necessaries shall be at the expense of the lessor, unless the contrary has been stipulated.
ART. 2689.-If an inventory has been made of the premises, which the situation, at the time of the lease, has been stated, it shall be the duty of the lessee to deliver back every thing in the same state in which it was, when taken possession of by him, making however the necessary allowance for wear and tear and for unavoidable accidents.
ART. 2690.-If no inventory bas been made, the lessee is presumed to have received the thing in good order, and he must return it in the same state, with the exceptions contained in the preceding article.
ART. 2691.-The lessee is only liable for the injuries and losses sustained through his own fault.
ART. 2692.--He is however liable for the waste committed by the persons of his family, or by those to whom he may have made a sub-lease.
ART. 2693.—He can only be liable for the destruction occasioned by fire, when it is proved that the same has happened either by his own fault or neglect, or by that of his family.
ART. 2694.-It is the duty of a farmer of predial estate, to prevent the same being encroached upon, and in case of such encroachment, to give notice to the proprietor, in defect of which he shall be liable in damages.
ART. 2695.-It is the duty of a person, who has one or several slaves on hire, to give immediate notice to the owner, should any of them happen to get sick or to run away; in defect whereof he shall be liable in dam ages.
ART. 2696.-The lessee has the right to under-lease, or even to cede his lease to another person, unless this power has been expressly interdicted.
The interdiction may be for the whole, or for a part; and this clause is always construed strictly.
ART. 2697.—The lessee has a right to remove the improvements and additions which he has made to the thing let, provided he leaves it in the state in which he received it.
But if these additions be made with lime and cement, the lessor may retain them, on paying a fair price.
Of the Dissolution of Leases.
ART. 2698.--The lease ceases of course, at the expiration of the time agreed on.
ART. 2699.-—It is also dissolved by the loss of the thing leased.
ART. 2700.—The neglecl of the lessor or lessee to fulfil their engagements may also give cause for a dissolution of the lease, in the manner expressed concerning contracts in general, except that the judge cannot order any delay of the dissolution.
ART. 2701.—A lease made by one having a right of usufruct, ends when the right of usufruct ceases.
The lessee has no right to an indemnification from the heirs of the lessor, if the lessor has made known to him the title under which he possessed.
ART. 2702.-A contract for letting out is not dissolved