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Lease agreement

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    There are general rules that govern most real estate leases, a common basis for all these contracts.

    A tenancy lease is an agreement where two persons, one landlord and one tenant, commit to each other, one to make a dwelling available to the second, and the other to pay a sum called rent.

    As such, it requires the consent of both parties and therefore their agreement of wills. The latter can be materialized either through a written or verbally. The verbal contract is therefore accepted in the case of real estate leases, with the exception of the rules specific to farm and shared leases.

    Signing a lease agreement is the most common practice because it helps secure the contents of the agreement.

    It can be written at the diligence of the lessor (under private seeing) or written by a public officer (notarial act) which guarantees him additional probative force and a certain date.

    It is a contract of provision (art.1709 cc), which grants the enjoyment (usus) of the property to the taker, while the lessor retains the right to collect the income of his property (fructus), i.e. rents.

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