At the end of the lease, the lessor is obliged to provide the lessee with compensation, to be determined in fairness, for changes and additions made by the lessee to the leased property that constitute improvements.
This compensation shall not exceed the amount by which the value of the leased property has increased at the end of the lease due to the improvements made. The compensation shall be reduced to the extent that the tenant has already enjoyed the benefits of the improvements made.
Compensation may be claimed only if the lessee has timely notified the lessor in writing of the proposed improvement, specifying estimated costs, and either the lessor has not opposed it within one month of receiving the notice, or the court, at the lessee's request, has authorized it to make the improvement.
To the claim for authorization, paragraphs 2 and 4, first sentence, of Article 348 shall apply mutatis mutandis.
The claim for compensation for the improvement can be filed no later than three months after the end of the lease.
The lessee cannot ground a claim for compensation for improvements on Section 212 of Book 6.
Regulations based on this article (delegated regulations)
No
Policies and circulars that have this article as legal authority
No
Articles or similar text referring to this article
Civil Code Book 7
article: 395, 399
(12-05-2021)
|
Effective date |
Retroactivity |
Subject |
Signature |
Announcement |
Chamber documents |
Signature |
Announcement |
Note |
|
new |
2007 |
2007 |
||||||