| August 16, 2002 | 0 Comments
|In the event of a contravention, the owner has the right to return to enjoyment, and the lessee is condemned to pay damages resulting from the non-performance of the lease.|
|If, in a farm lease, the funds are given a smaller or greater capacity than they actually have, there is no room for an increase or decrease in price for the farmer, except in the cases and according to the rules expressed under the sale.|
|If the lessee of a rural inheritance does not furnish it with the cattle and utensils necessary for its exploitation, if he abandons the cultivation, if he does not cultivate with a good father, if he uses the thing rented to a use other than that for which it was intended, or, in general, if it does not fulfill the clauses of the lease, and this results in damage to the lessor, the latter may, depending on the circumstances, terminate lease.
In the event of termination resulting from the lessee, the latter is liable for damages, as stated in article 1764.
|Any lessee of rural property is required to collect in the places intended for this according to the lease.|
|The lessee of a rural property is bound, under penalty of all costs and damages, to warn the owner of the usurpations which may be committed on the funds.
This warning must be given within the same time limit as that which is regulated in the event of assignment according to the distance of the premises.
|If the lease is made for several years, and during the term of the lease, all or half of at least one crop is removed by fortuitous events, the farmer may request a reduction in the price of his rental, unless that it is not compensated by previous harvests.
If it is not compensated, the estimate of the discount can only take place at the end of the lease, at which time compensation is made for all the years of enjoyment;
And yet the judge can provisionally exempt the lessee from paying part of the price because of the loss suffered.
|If the lease is only for one year, and the loss is all of the fruits, or at least half, the lessee will be released from a proportional part of the rental price.
He will not be able to claim any discount if the loss is less than half.
|The farmer cannot obtain a rebate, when the loss of the fruits occurs after they are separated from the land, unless the lease gives the owner a portion of the harvest in kind, in which case the owner must bear his share of the harvest. loss, provided that the lessee is not in default to deliver his portion of the harvest.
The farmer cannot also request a remission, when the cause of the damage was existing and known at the time when the lease was signed.
|The lessee may be responsible for fortuitous events by an express stipulation.|
|This stipulation only covers ordinary fortuitous events, such as hail, fire from the sky, frost or sag.
It does not include extraordinary fortuitous events, such as the devastation of war, or a flood, to which the country is not ordinarily subject, unless the lessee has been charged with all the unforeseen unforeseen events or unforeseen.
|The lease, without writing, of a rural fund, is supposed to be made for the time that is necessary for the lessee to reap all the fruits of the leased inheritance.
Thus the farm lease of a meadow, a vineyard, and any other land the fruits of which are collected in full during the year, is supposed to be made for one year.
The lease of arable lands, when they are divided by soles or seasons, is supposed to be made for as many years as there are soles.
(Law of July 15, 1942 Official Journal of July 15, 1942)
The lease of rural inheritances, although made without writing, ceases at the expiration of the term fixed by the preceding article, only by the effect of a leave given in writing by one of the parties to the other, six months at least before this term.
|The outgoing farmer must leave to the one who succeeds him in the cultivation, suitable lodgings and other facilities for the work of the following year; and reciprocally, the farmer entering must provide to the one who leaves the suitable lodgings and other facilities for the consumption of fodder, and for the crops still to be made.
In either case, one must conform to the use of the premises.
|The outgoing farmer must also leave the straws and fertilizers of the year, if he received them when he came into possession; and even if he would not have received them, the owner will be able to retain them according to the estimate.|