This case has been cited 1 times or more.
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2008-10-15 |
CHICO-NAZARIO, J. |
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| With regard to the ornamental expenses, the lessee shall not be entitled to any reimbursement, but he may remove the ornamental objects, provided no damage is caused to the principal thing, and the lessor does not choose to retain them by paying their value at the time the lease is extinguished. (Emphasis ours.) A lessee is not treated the same way as a builder in good faith who believed himself to be the owner of the land, and as such built thereon and incurred expenses in doing so; and who, under Articles 448[32] and 546[33] of the New Civil Code, is vested the rights of retention and reimbursement for necessary and useful expenses made on the land. A lessee, being conclusively presumed to know that he is not the owner of the land that he is leasing, and constructs a house or building or any other improvement or structure on the leased land, only has the right granted to him by Article 1678 of the Civil Code to remove the same in case the lessor elects not to appropriate the building and pay 50% of its value.[34] Knowing that his occupation of the premises continued only during the life of the lease contract and that he must vacate the premises upon termination of the lease, or even earlier, if he violated the terms thereof, the lessee is deemed to have introduced the improvements at his own risk. He cannot recover their value, much less retain the premises until reimbursement is made.[35] | |||||