Explanation of Article 432
The article stipulates the tenant's obligation not to make any changes to the leased property without the landlord's permission. The change here refers to physical alterations, such as opening new windows in the house, closing them, or constructing new rooms. An exception to the prohibition set by the article is if the change is necessary for repairs to the leased property and does not cause harm to it. Repairs refer to those other than essential repairs that the landlord is obliged to perform, such as beneficial repairs to the leased property and repairs of defects not guaranteed by the landlord, as if the tenant was aware of them at the time of the contract.
The absence of harm justifying the change does not only pertain to damage to the leased property at the time of the change; rather, what the tenant has done must be removable without causing damage to the leased property after its removal. The tenant is required to restore the leased property to its original state after the lease term ends if the landlord requests it, and this usually applies to items that can be easily disassembled and reassembled.
If the change meets the mentioned criteria, the change does not require the landlord's permission, such as if the tenant places adhesive tiles over damaged tiles that can be removed, or replaces transparent glass with opaque glass that can be restored to its original state without damage after the lease term ends, or installs a wooden partition to divide a large room, and similar actions. The burden of proof that this change is not harmful to the leased property falls on the tenant.
If the landlord stipulates that the tenant must not make any changes to the leased property, the tenant is not allowed to make any changes without the landlord's permission, even if the change is necessary for beneficial repairs to the leased property and does not cause harm to it.
The article indicates that the tenant may make changes to the leased property even if the mentioned criteria are not met, provided the landlord permits it, whether with explicit or implicit permission.
Related To
Article 432
The lessee may not make any alteration to the leased thing without the lessor’s consent, unless such alteration is necessary for the repair of the leased thing and does not cause harm thereto.