Explanation of Article 434
The article addresses the tenant's obligation not to prevent the landlord from carrying out necessary repairs to preserve the leased property; because these repairs, as previously explained in Article (419), require urgency; they are an obligation on the landlord and at the same time considered a right for him to preserve his property, as delaying them exposes the leased property to destruction or damage. Examples of such repairs include fixing a leaning wall, strengthening a weak foundation, or stopping a water leak that threatens the building's safety, and so on.
As for the necessary repairs for the utilization of the leased property, if they are not necessary for its preservation, such as fixing a malfunction in the elevator or the garage door, and so on; these are the tenant's right, who can require the landlord to perform them, but they are not an obligation on him; the tenant can prevent the landlord from carrying them out during the lease term as long as they are not necessary to prevent damage to the leased property if delayed.
The first paragraph establishes the tenant's obligation not to prevent the landlord from carrying out necessary repairs when two conditions are met: The first condition: These repairs must be necessary for the preservation of the leased property, and this description does not apply to repairs even if they are necessary for the utilization of the leased property if they can be postponed until after the lease term without posing a threat to the leased property. The burden of proving that these repairs are necessary for the preservation of the leased property lies with the landlord.
The second condition: The landlord must inform the tenant before starting them within a reasonable period.
Once these two conditions are met, the landlord is allowed to carry out these works even with the tenant's opposition, even if it leads to vacating the leased property or part of it. The landlord must exercise due diligence and practice this right in good faith without abuse; choosing the easiest way to carry them out, and only taking the necessary time without delay, to cause the tenant the least possible harm.
The second paragraph states that if the landlord is allowed to carry out necessary repairs to preserve the leased property, the tenant has the right to request termination or reduction of the rent in proportion to the decrease in utilization; because a decrease in utilization corresponds to a decrease in rent. The general rules of judicial termination apply to the request for termination; the court may reject the request for termination if the decrease in utilization is not substantial as determined by Article (107).
The tenant is not entitled to request compensation for damage due to decreased utilization unless these repairs are due to the landlord's fault or negligence, such as if they result from damage caused by him or take longer than necessary.
Related To
Article 434
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The lessee may not prevent the lessor from carrying out the repairs necessary for the maintenance of the leased thing if he is notified in a timely manner prior to the lessor’s commencement of such repairs.
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If the repairs carried out by the lessor as specified in paragraph (1) of this Article adversely affect the lessee's use and enjoyment, the lessee may demand termination of the contract or reduction of the rent.