Lease – Warranty of peaceful possession

Lease – Warranty of peaceful possession

Art. 2700. Warranty of peaceful possession. The lessor warrants the lessee’s peaceful possession of the leased thing against any disturbance caused by a person who asserts ownership, or right to possession of, or any other right in the thing. In a residential lease, this warranty encompasses a disturbance caused by a person who, with the lessor’s consent, has access to the thing or occupies adjacent property belonging to the lessor.

Art. 2701. Call in warranty. The lessor is bound to take all steps necessary to protect the lessee’s possession against any disturbance covered by the preceding Article, as soon as the lessor is informed of such a disturbance. If the lessor fails to do so, the lessee may, without prejudice to his rights against the lessor, file any appropriate action against the person who caused the disturbance. If a third party brings against the lessee an action asserting a right in the thing or contesting the lessee’s right to possess it, the lessee may join the lessor as a party to the action and shall be dismissed from the action, if the lessee so demands.

Art. 2702. Disturbance by third persons without claim of right. Except as otherwise provided in Article 2700, the lessor is not bound to protect the lessee’s possession against a disturbance caused by a person who does not claim a right in the leased thing. In such a case, the lessee may file any appropriate action against that person.