Termination of Lease Article 625

A lease terminates upon the expiry of the agreed term without it being necessary to give notice of evacuation unless there is agreement to extending the lease for a further fixed or unspecified term in case no notice is given for evacuation on a certain date.

Article 626

1. If, after the lease has expired, the lessee continues to enjoy the leased property to the knowledge of and without objection on the part of the lessor, the lease is deemed to be renewed upon the same conditions but for an indefinite duration. The lease renewed in this manner shall be governed by the provisions of Article 588.

2. Subject to the rules of registration applicable to real property, the real securities supplied by the lessee in guarantee of the old lease shall be transferred to the new lease. The securities provided by third parties shall not be transferred to the new lease unless the surety consents thereto.

Article 627

1. When notice of evacuation has been given by one party to the other and the lessee, notwithstanding the notice, continues to enjoy the property after the expiry of the lease, the lease will not, subject to proof to the contrary, be deemed to have been renewed.

2. However, if the lessor gives notice to the lessee by a registered letter without cover of non-renewal of the lease except for a specific rent or under certain other conditions for which the lessee remains silent, his silence shall be deemed as a renewal of the lease at the rent or conditions notified thereto by the lessor.

Article 628

1. If title to the leased property is transferred to a special successor, the rent shall not be effective towards him except with his consent unless he proves that he was aware thereof or has an established date prior to the cause that resulted in transfer of title thereto.

2. However, the person to whom title has been transferred may invoke the lease agreement as though such agreement is not effective towards him

Article 629

A person acquiring title to the leased property, who is not bound by the lease, can only evict the lessee by giving him notice as provided for in Article 588, and after obtaining compensation from the lessor for surrendering the leased property before expiry of the lease term, or sufficient security for payment of such compensation.

. Article 630

1. If the lease becomes effective towards a person acquiring title to the property, the latter shall replace the lessor in respect of all rights and obligations created by the lease agreement.

2. However, the lessee may not set up rent paid in advance against a new owner, if the new owner proves at the time of payment that the lessee knew or should necessarily have known of the transfer of ownership. Failing proof thereof, the new owner has only a recourse against the lessor.

Article 631

When it has been agreed that the lessor may terminate the contract if he becomes personally in need of the property, he shall, if he exercises his right, give the lessee notice of termination within the periods specified in Article 588, unless otherwise agreed.

Article 632

1. If any party to the contract encounters unexpected conditions that would make the continuation of the lease encumbersome for him, the judge may, at his request, concile the two parties and awarding fair compensation to the other party.

2. If the lessor seeks termination of the contract, the lessee shall not be forced to surrender the leased property till he receives the compensation or sufficient security.

Article 633

1. A lease agreement is not terminated either by the death of the lessor or of the lessee.

2. In the event of the death of the lessee, however, his heirs may claim the termination of the lease if they establish that, as a result of the death of the person whose estate they inherited, the burden of the lease has become too heavy for their resources or that the lease exceeds their needs.

Article 634

If the lessee dies and the contract has been concluded solely on account of his calling or of other considerations relating to his person, his heirs or the lessor may, on his death, seek termination of the lease.

Article 635

If the lessee’s employment obliges him to change his place of residence, he may claim termination of the lease of his residence.

Article 636

A party that seeks termination of the lease in the cases provided for in articles (632) to (635) shall observe the period of notice provided for in article (588).

Article 637

1. If the lessee does not start using the leased property or uses it incompletely dues to his fault or a personal matter, he shall remain liable for paying the rent and discharging the obligations imposed by the contract, as long as the lessor has put the leased property at his disposal in a usable condition as agreed.

2. In this case, the lessor shall deduct the expenses he has saved and the value of the benefit he has realized due to the leased property having not been used by the lessee.

Subsection II: Certain Types of Lease