Unofficial translaction
ARTICLE 104-The parties shall freely set the term of the lease.
Leasefor professional use may be entered into for a fixed or indeterminate period.
Failing written agreement or fixed term, the lease is deemed concluded for an indeterminate
period. The lease shall take effect from the signing of the contract, unless otherwise agreed by
the parties.
CHAPTER II: OBLIGATIONS OF THE LESSOR
ARTICLE 105- The lessor is required to rent premises in good condition.
He is presumed to have met this obligation:
-
when the lease is verbal;
-
Orwhenthelesseehassignedtheleasewithoutformulating
thepremises.
reservesasto
theconditionof
ARTICLE106-Thelessor shall pay for necessary and urgent major repairs.
In this case, the lesseeshall bear the negative consequences.
Major repairsinclude repairs to bigwalls,vaults,beams, roofs, retaining walls, fence walls, septic
systems andsump pits.
The amount of rent shall then be decreased in proportion to the time and use during which the
lessee was deprived of the enjoyment of the premises.
Where urgent repairsareofsuchnaturethat they prevent theenjoyment of the property, the lessee
may request suspension during the duration of the works to the competent court ruling
expeditiously.
He may also request the judicial termination of the agreementbefore the competent court.
ARTICLE 107- When the lessor refuses to pay for major repairs for which he is liable, the
lessee may obtain authorization from the competent court, ruling expeditiously, to execute them
according to proper rules, on behalf of the lessor. Inthiscase,the competent court, ruling
expeditiously,shall set theamountof suchrepairs and modalities forrefund.
ARTICLE108-Thelessormay, on his own will,neither make changestothe state of the premises
leased, nor restrictuse.
OHADA / Uniform Act / Unofficial Translations
P. - 40 - of 78