Explanation of Article 416
The article sets out the obligations of the lessor; the first paragraph stipulates the lessor's obligation to deliver the leased property and its appurtenances in a condition that allows the full intended benefit to be obtained, in accordance with the agreement or custom and the nature of the leased property.
The obligation to deliver the leased property is not limited to delivering the property itself but also includes its appurtenances. The appurtenances of a thing are those that permanently serve the main item, such as easement rights.
Whether something is considered an appurtenance of another thing or not is determined by the agreement between the parties. If there is an agreement between the parties to the lease contract considering this thing as an appurtenance of the leased property, then it is deemed an appurtenance. If there is no agreement, the determination of whether this thing is an appurtenance of the leased property or not is referred to custom and the nature of things, such as considering easement rights as appurtenances, and considering the use of elevators, stairs, and central water and gas tanks as appurtenances of an apartment leased in a building consisting of several apartments, which are shared among all residents.
It should be noted here that some appurtenances are considered necessary for the leased property such that the intended benefit cannot be obtained without them. If all or some of them are missing, the lessor is obliged to provide what is missing and deliver it to the lessee, and it is not sufficient to deliver only what is present; because this is the reasonable interpretation of the contracting parties' intention.
While the first paragraph stipulates the lessor's obligation to deliver the leased property and its appurtenances, the second paragraph states that delivery involves enabling the lessee to benefit from the leased property without any hindrance that obstructs its use, and it is not enough for this to occur only initially, but this enabling must continue until the end of the lease term. The lessor's obligation is positive; it does not stop at vacating the leased property for the lessee and leaving them to benefit from it, but the lessee must be enabled to benefit from the leased property with this enabling continuing until the end of the lease term. Everything necessary for obtaining the intended benefit falls within the lessor's obligations. A house leased for residence must be delivered with doors, windows, floors, walls, and other elements necessary for use in good condition, and the same applies to agricultural land, which must be delivered in a condition suitable for cultivation.
Therefore, if there is a defect in the leased property that prevents obtaining the intended benefit, it is the lessor's obligation to repair this defect in a manner that allows the lessee to obtain the benefit.
Enabling the benefit requires delivering the property free from all obstacles that prevent its use. For example, if the property was leased to a person and the lease term ended, but the lessee remained in the property, and the lessor leased the property to a third party, the lessor is obliged to remove the first lessee to enable the second lessee to benefit from the property.
Ensuring continued enabling of benefit until the end of the lease term requires that the lessor does not make any changes to the leased property or its appurtenances that would impair this benefit.
Related To
Article 416
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The lessor shall deliver the leased thing and its appurtenances in a condition that allows full use and enjoyment of such thing.
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Delivery shall be made by enabling the lessee to enjoy the leased thing without interruption. Such enjoyment shall remain in effect until the lease term expires.