Section Fourth: Right to Assign the Lease and the Lessee's Right to Sublease

Article 584

Art. 584 - The lessee has the right to sublease in whole or in part, and even to assign his lease to another, unless the prohibition of subletting or assignment has been expressly stated or does not result from the nature of the thing. \tThe prohibition of assigning the lease without mention of the prohibition of subletting does not imply a prohibition of subletting. \tThe prohibition of subletting without indication of the prohibition of assigning the lease entails the prohibition of assigning, even gratuitously. \tThe prohibition of subletting must be understood in an absolute manner and entails the prohibition of subletting, even only for part or of having it occupied by a third party even gratuitously. \tWhen it has been stipulated that assignment or subletting may take place with the consent of the lessor, the latter cannot refuse to accept the assignment or subletting except for a legitimate reason.

Article 585

Art. 585 - The lessee may in no case assign or sublet for a use that is different from or more onerous than that determined by the agreement or resulting from the nature of the thing.

Article 586

Art. 586 - The lessee is guarantor for the person to whom they have assigned or sublet the thing, and does not cease to be bound themselves towards the lessor for all the obligations resulting from the contract. They cease to be bound: 1 - When the lessor has directly received, and without making any reservation against the lessee, the rent from the sublessee or assignee; 2 - When the lessor has formally accepted the sublease or assignment, without any reservation against the lessee.

Article 587

Art. 587 - The sublessee or assignee is bound directly to the lessor to the extent of what he himself owes to the principal lessee at the time of the notice served upon him; He cannot oppose advance payments made to the principal lessor, unless: \t1) these payments are in conformity with local usage; \t2) they are established by an act having a certain date.

Article 588

Art. 588 - The lessor has a direct action against the sublessee or the assignee, without prejudice to his recourse against the principal lessee, in all cases where he would have an action against the latter; the principal lessee may always intervene in the proceedings.

Article 589

Art. 589 - The assignment of a lease is governed by the provisions applicable to the assignment of a claim and entails the substitution of the assignee in the rights and obligations arising from the lease, except as provided in article 586.