Explanation of Article 417
When the previous article (416) clarified the obligation of the lessor to deliver the leased property, this article comes to establish the right of the lessor to refrain from delivering the leased property until the lessee pays the rent that was stipulated to be paid in advance. What this article establishes is an application of the right of retention mentioned in article (191), which states that anyone obligated to perform something may refrain from fulfilling it as long as the creditor has not fulfilled an obligation owed to them that arose due to the debtor's obligation and was related to it. Thus, the lessor has the right to refrain from fulfilling their obligation as long as the lessee refrains from fulfilling their corresponding obligation, which is the rent.
Related To
Article 417
The lessor may refuse delivery of the leased thing until he receives the rent payable in advance.