Explanation of Article 430
The article addresses the tenant's obligation to maintain the leased property; the first paragraph establishes the standard of care required from him. The tenant is obliged to maintain the leased property with the care of an ordinary person. The standard here is an objective one linked to the care of an ordinary person, not to the care of a person in their own affairs. Therefore, if a person is extremely cautious, the required care is reduced to that of an ordinary person, and if a person is negligent in their own affairs, they are required to increase their care to the level of an ordinary person. For instance, someone who rents a house is required to take the usual precautions to protect it from damage, and someone who rents a car is required to take the usual precautions to protect it from damage or theft.
The obligation to maintain the leased property is an obligation of diligence, not of achieving a result. Hence, the second paragraph stipulates the tenant's obligation to compensate the landlord for damages to the leased property if they result from the tenant's transgression or negligence, as he failed in his obligation to exercise the care of an ordinary person in maintaining the leased property.
The ruling is the same whether there is one tenant or more. If there is one tenant, he is obliged to compensate the landlord for damages resulting from his transgression or negligence. If there are multiple tenants, each one is obliged to compensate for damages resulting from his transgression or negligence.
The ruling established in this article is merely an application of what is stated in Article (16), which provides: "If what is required of the debtor is to maintain the thing, manage it, or exercise caution in fulfilling his obligation, he has fulfilled the obligation if he exercises the care of an ordinary person in its execution, even if the intended purpose is not achieved, unless the system provides otherwise. However, if what is required is to achieve a result, fulfillment is not considered to have occurred unless that result is achieved."
The tenant's responsibility for maintaining the leased property is not limited to himself but extends to his subordinates, just as the landlord's obligation not to personally interfere or allow any of his subordinates to interfere with the tenant. It is said here, as it was said there, that the concept of subordination in this responsibility—which is a contractual responsibility—is broader than in tort liability, as it includes anyone whose connection to the tenant enabled them to harm the leased property, such as the tenant's household members who live with him, his servants, workers, guests, and the like. It is not necessary for the subordinate's harmful act to have occurred during the performance of his work; any harmful act committed by the subordinate under this broad concept makes the tenant contractually liable for it.
Related To
Article 430
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The lessee shall exercise reasonable care in maintaining the leased thing.
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The lessee shall compensate the lessor for any harm to the leased thing caused by his transgression or negligence. In the event of multiple lessees, each lessee shall be liable for the harm caused by his transgression or negligence.