Landlord v. Tenant: Breach of Maintenance Covenant and Structural Damage

A tenant, obligated by contract to maintain the leased premises in good condition and return them in the same state, failed to address a persistent water infiltration issue that ultimately caused significant damage to the structure and required substantial repairs; the landlord subsequently sued for contractually stipulated indemnity for the deterioration. The court of cassation quashed the lower court's decision, holding that the tenant's obligation to maintain the premises implies the duty to undertake necessary repairs to remedy latent defects or damage arising during the lease, even if they involve structural work, unless such work is explicitly excluded from their responsibility, and the failure to address the ongoing infiltration constituted a breach of the maintenance covenant, justifying indemnity.