Explanation of Article 422
After the previous three articles clarified what pertains to the necessary expenses required to keep the leased property fit for use, and the effect of total and partial destruction; this article comes to clarify the ruling on other expenses that do not affect the leased property's fitness for use. These expenses are not originally the responsibility of the lessor; however, if the lessee undertakes constructions or repairs on the leased property that do not affect its fitness for use, there are two scenarios:
The first scenario: These expenses are without the lessor's permission; the lessee cannot claim them from the lessor, whether these expenses are for the benefit of the leased property or for the lessee's personal benefit, without prejudice to the lessee's right to claim them from the lessor after the lease contract ends if the lessor chooses to retain them as stipulated in Article (436).
The second scenario: These expenses are with the lessor's permission; this scenario has two cases:
The first case: What the lessee has done is for the benefit of the leased property; such as renewing the doors of the leased property or replacing its windows with more durable ones; the lessee has the right to claim them from the lessor whenever the lessor has permitted them, even if the right to claim was not stipulated, because the lessor's permission for these constructions or repairs is considered an implicit authorization for the lessee to carry them out, and the agent has the right to claim from the principal the expenses incurred in executing the usual agency tasks. The fact that the expenses are for the benefit of the leased property and not for the lessee's personal benefit is evidence that the lessor intended, by permitting the lessee to carry them out, that these constructions and repairs remain after the lease contract ends, obligating the lessor to compensate the lessee for them.
Expenses are considered for the benefit of the leased property and not for the lessee's personal benefit when they meet the general desires of lessees. As for constructions and repairs that suit some lessees but not others, the lessee cannot claim them from the lessor, nor can they claim what is not considered constructions and repairs in the leased property that can be removed after the lease contract ends, such as curtains and shelves and the like.
The lessee's right to claim expenses from the lessor in this case is limited to the customary amount; if it exceeds the customary amount, the lessee cannot claim the excess amount.
The end of the paragraph clarifies that what has been decided is a complementary rule for interpreting the contracting parties' intentions in the absence of an agreement to the contrary. However, if there is an explicit or implicit agreement to the contrary, it must be adhered to, as if the circumstances indicate that the lessor's permission for these expenses is conditional on the lessee not claiming them.
The second case: What the lessee has done is for their personal benefit; such as when a commercial premises lessee divides it to suit the nature of their activity; they cannot claim what they spent from the lessor, and the lessee can claim compensation after the lease contract ends if the lessor chooses to retain them or remove them if the removal does not harm the leased property, according to the details in Article (436). The reason for this is that the lessor's permission for these repairs or constructions does not rise to the level of obligating the lessor to their expenses as long as they are for the lessee's personal benefit and not for the benefit of the leased property, but whenever there is an explicit or implicit agreement contrary to what the paragraph has decided, it must be adhered to.
Related To
Article 422
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If a lessee, with the lessor’s permission, makes additions or repairs for the benefit of the leased thing, he may demand reimbursement from the lessee for the costs of such additions or repairs to the extent that is customarily acceptable, even if reimbursement is not stipulated by the lessee, unless agreed otherwise.
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If the additions made by the lessee are for his own benefit, he may not demand reimbursement from the lessor, unless agreed otherwise.