Chapter Second: Rules Specific to Lease of Real Estate

Article 540

Art. 540 - The rules established by law regarding leases of real property which it covers apply by analogy and insofar as the nature of things permits, to other leases of real or personal property, save stipulation, legal provision or contrary usage.

Article 541

Art. 541 - The lease of an immovable property or immovable rights entered into by a usufructuary without the consent of the bare owner ceases to be binding on the latter three years after the extinction of the usufruct. The lease of immovable properties or immovable rights entered into by a tutor or legal administrator may not be granted for a period exceeding one year, unless authorized by the competent court in cases of guardianship.

Article 542

Art. 542 - The contract for lease of real property made without writing cannot be proven, when it has not yet received execution, except by the admission or oath of the party against whom it is pleaded. If there is commencement of execution, this shall constitute proof of the existence of the lease, the price of which shall, in case of disagreement of the parties, be fixed by expert, and the duration determined by the usage of the premises. If at the expiration of a written lease, the lessee remains and is left in possession, in particular without notice being given, a new lease is created by tacit renewal, governed by the rules of articles 592 and following.

Article 543

Amended. Lease contracts for built immovable property intended for residential or non-residential use are subject to the freedom of contracting parties and to their will in all matters that do not conflict with the following mandatory provisions: First: Duration: If the duration specified in the contract is less than three years