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Section III   The Obligations and Rights of the Lessee

Revised Laws of Saint Lucia (2021)

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Section III   The Obligations and Rights of the Lessee

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    1532.   The principal obligations of the lessee are:

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      1.     To use the property leased as a prudent administrator, for the purposes only for which it is designed and according to the terms and intention of the lease;

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      2.     To pay the rent or hire of the thing leased.

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    1533.   The lessee is responsible for injuries and loss which happen to the property leased during his or her enjoyment of it, unless he or she proves that he or she is not in fault.

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    1534.   He or she is answerable also for the injuries and losses which happen from the acts of persons of his or her family or of his or her sub-tenants.

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    1535.   When loss by fire occurs in the premises leased, there is no presumption in favour of the lessor, that it was caused by the fault of the lessee or of the persons for whom he or she is responsible.

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    1536.   If a statement have been made between the lessor and lessee, of the condition of the premises, the lessee is obliged to restore them in the condition in which the statement shows them to have been; with the exception of the changes caused by age or fortuitous events.

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    1537.   If no such statement as is mentioned in the preceding article have been made, the lessee is presumed, in the absence of proof to the contrary, to have received the premises in good condition, and is obliged to restore them in the same condition.

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    1538.   If during the lease the property leased be in urgent want of repairs, which cannot be deferred, the lessee must suffer them to be made, whatever inconvenience they may cause him or her, and although he or she may be deprived, during the making of them, of the enjoyment of a part of the property.

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    If such repairs became necessary before the making of the lease he is entitled to a diminution of the rent according to the time and circumstances; and in any case, if more than 40 days be spent in making such repairs, the rent must be diminished in proportion to the time, and the part of the property of which he or she has been deprived.

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    If the repairs be of a nature to render the premises uninhabitable by the lessee and his family, he may demand the rescission of the lease.

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    1539.   The tenant is obliged to make certain lesser repairs which become necessary in the house or the outhouses connected with it during his or her occupancy. These repairs, if not specified in the lease, are regulated by the usage of the place. The following, among others, are deemed to be tenant's repairs, namely, repairs:

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    To hearths, chimney-backs, chimney-casings, and grates;

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    To the plastering of interior walls and ceilings;

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    To floors, when partially broken, but not when in a state of decay;

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    To window-glass, unless it is broken by inevitable accident, caused by no fault of the lessee or his household;

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    To doors, windows, shutters, blinds, partitions, hinges, locks, hasps, and other fastenings.

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    1540.   The tenant is not obliged to make the repairs deemed tenant's repairs, when they are rendered necessary by age or by irresistible force.

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    1541.   In case of ejectment or rescission of the lease for the fault of the lessee, he is bound to pay the rent up to the time of vacating the premises, and also damages as well for loss of rent during the time necessary for reletting, as for any other loss resulting from the wrongful act of the lessee.

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    1542.   The lessee has a right to sublet, or to assign his or her lease, unless there be a stipulation to the contrary.

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    If there be such a stipulation, it may apply to the whole or a part only of the premises leased, and in either case it is to be strictly observed, subject to the provisions of the Commercial Code relating to Bankruptcy. (Amended by Act 34 of 1956)

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    1543.   The under-tenant is, with respect to the principal lessor, liable only for the amount of the rent which he may owe at the time of seizure.

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    He or she cannot plead payments made in advance, except such as are in accordance with usage.

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    1544.   The lessee has a right to remove, before the expiration of the lease, improvements and additions which he or she has made, provided he or she leaves the property in the state in which he or she received it; nevertheless, if the improvements or additions be incorporated with the thing leased, with nails, lime, or cement, the lessor may retain them on paying the value.

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    1545.   The lessee has a right of action in the ordinary course of law, or by summary proceeding, as provided by the Code of Civil Procedure:

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      1.     To compel the lessor to make the repairs and improvements stipulated in the lease, or which the law requires him to make; or to obtain authority to make the same at the expense of the lessor; or, if the lessee so choose, to obtain the rescission of the lease in default of such repairs or improvements being made;

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      2.     To rescind the lease for failure on the part of the lessor to perform any other of the obligations arising from the lease, or devolving upon him by law;

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      3.     To recover damages for non-fulfilment of the obligations arising from the lease, or from the relation of lessor and lessee.

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