Explanation of Article 435
The article stipulates the tenant's obligation—upon the termination of the lease contract—to return the leased property in the condition in which it was received at the beginning of the lease contract. This requires returning the same leased property that the tenant received; the tenant is not allowed to return something else to the landlord without their consent, even if it is better than the leased property. It also requires returning everything received from the leased property and its attachments, in the condition and attributes in which they were received. If the condition of the leased property at the time of return differs from its condition at the time of receipt, the tenant is considered to have breached their obligation, except for changes in the condition of the leased property that are necessitated by normal use.
This obligation necessitates knowing the condition of the leased property at the time of receipt, and the burden of proof lies with the tenant; they must prove at the time of return that its condition is the same as at the time of receipt. It is presumed—if the tenant does not prove otherwise—that the tenant received the leased property in good condition. The justification for this presumption is that the landlord is obligated, according to Article (416), to deliver the leased property in a condition suitable for fully obtaining the intended benefit. If the tenant received it in a lesser condition, it would have been easy for them to prove it, either by a receipt report or by describing it at the contract; if they did not do so, it is considered evidence that they received the leased property in good condition, and this presumption is rebuttable by any means of proof.
If the condition of the leased property at the time of return differs from its condition at the time of receipt, either because it differs from the condition recorded at the time of receipt or because the tenant could not prove that they received the leased property in an unsound condition, the responsibility falls on the tenant. If the leased property at the time of return has changed due to destruction, damage, or defect, such as the tenant returning the leased property with broken windows, they are considered to have breached their obligation. This obligation is related to their obligation to preserve the leased property, which is an obligation to exercise care. Therefore, the tenant can avoid responsibility if they prove that they exercised the care of an ordinary person in preserving the leased property or prove that this change is due to normal use. If they cannot prove that they exercised the care of an ordinary person or that the change is due to normal use, or if the landlord proves that the tenant did not exercise the care of an ordinary person, the tenant has another way to avoid responsibility by proving that the change occurred due to a cause beyond their control, such as force majeure or the age of the leased property, as if they proved that the glass broke due to cold weather.
It should be noted that the obligation to return the leased property in the condition in which it was received actually includes two obligations: the obligation to return the leased property itself and the obligation to return it in the condition in which it was received. The second obligation exempts the tenant from responsibility, as mentioned earlier—if they prove that they exercised the care of an ordinary person or that the change is due to normal use or proved the foreign cause; because this obligation is an obligation to exercise care. As for the first obligation, which is to return the leased property itself, it is an obligation to achieve a result; if the leased property is returned without some of its attachments, or if the leased property is movable and lost, the responsibility falls on the tenant, and they cannot avoid it by proving that they exercised the care of an ordinary person or that they used it in the usual manner; rather, they must prove the foreign cause, as with any obligation to deliver or return, according to general rules.
The return of the leased property, if it is specified by itself, should be in the place where it is located at the time of the contract's conclusion, and if it is specified by type, then in the place of the contract's conclusion, unless there is an agreement to the contrary; applying the general rule established in Article (277).
The second paragraph clarified the penalty resulting from the tenant's delay in returning the leased property, which is that they bear compensation consisting of two parts: First: The equivalent rent for the period between the end of the lease contract and the time of return, which may be the same as the rent estimated in the contract or less or more, and it is paid as compensation and not as rent in the contract. Second: Compensation to the landlord for the damage incurred due to the tenant's delay in returning, such as the expenses of the claim incurred by the landlord in demanding the tenant to return.
Related To
Article 435
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The lessee shall return the leased thing to the lessor at the end of the lease contract in the same condition as it was at the time of delivery, except for normal wear and tear.
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If the lessee unrightfully retains in his possession the leased thing, the lessor shall be entitled to the prevailing rental rate of a similar thing, without prejudice to his right to compensation.