Lessor v. Tenant: Scope of Tenant's Repair Obligations and Lease Rescission

A lessor brought an action against a tenant for rescission of the lease and eviction following the tenant's failure to perform agreed-upon maintenance work, specifically the repair of a roof, which the tenant claimed was an extraordinary repair not covered by their obligations under the lease agreement, whereas the lessor contended it was an ordinary repair necessary for the preservation of the leased premises. The Court of Cassation quashed the lower court's decision, reasoning that the obligation to perform necessary repairs for the proper use and preservation of the building falls to the tenant unless expressly stipulated otherwise in the lease, and the repair of a leaking roof, essential for maintaining the usability of the property, should be considered an ordinary repair under the tenant's general maintenance duty, thus justifying the lessor's demand for rescission due to non-performance.