TITLE IX. OF LEASE

Art. 2668. General and particular rules for lease

The contract of lease or letting out (besides the rules in which it is subject in common with other agreements, and which are explained under the title: Of Conventional Obligations) is governed by certain particular rules, which are the subject of the present title.

CHAPTER 1. OF THE NATURE OF THE CONTRACT OF LEASE AND OF ITS SEVERAL KINDS

Art. 2669. Lease or hire, definition

Lease or hire is a synallagmatic contract, to which consent alone is sufficient, and by which one party gives to the other the enjoyment of a thing, or his labor, at a fixed price.

Art. 2670. Essential elements of lease

To the contract of lease, as to that of sale, three things are absolutely necessary, to wit; the thing, the price, and the consent.

Art. 2671. Price, necessary and permissible elements

The price should be certain and determinate, and should consist of money. However, it may consist in a certain quantity of commodities, or even in a portion of the fruits yielded by the thing leased.

Art. 2672. Determination of price by third person

The price, notwithstanding, may be left to the award of a third person named and determined, and then the contract includes the condition that this person shall fix the price; and if he can not or will not do it, there is no lease.

The contract would be null if the price were left to be fixed by a person not designated.

Art. 2673. Kinds of lease

There are two species of contracts of lease, to wit;

1. The letting out of things.

2. The letting out of labor or industry.

Art. 2674. Lease of things

To let out a thing is a contract by which one of the parties binds himself to grant to the other the enjoyment of a thing during a certain time, for a certain stipulated price which the other binds himself to pay him.

Art. 2675. Lease of labor or industry

To let out labor or industry is a contract by which one of the parties binds himself to do something for the other, in consideration of a certain price agreed on by them both.

CHAPTER 2. OF LETTING OUT THINGS

SECTION 1. GENERAL PROVISIONS

Art. 2676. Kinds of lease of things

The letting out of things is of two kinds, to wit;

1. The letting out houses and movables.

2. The letting out predial or country estates.

Art. 2677. Lessor and lessee, definitions

He who grants a lease is called the owner or lessor. He to whom a lease is made is called the lessee or tenant.

Art. 2678. Lease of corporeal things

All corporeal things are susceptible of being let out, movable as well as immovable, excepting those which can not be used without being destroyed by that very use.

Art. 2679. Lease of incorporeal things

Certain incorporeal things may also be let out, such as a right of toll, and the like; but there are some which can not be the object of hire, such as a credit.

Art. 2680. Lease of right of servitude

A right of servitude can not be leased separately from the property to which it is annexed.

Art. 2681. Lease of thing belonging to another

He who possesses a thing belonging to another, may let it to a third person, but he can not let it for any other use than that to which it is usually applied.

Art. 2682. Warranty by lessor of property of another

He who lets out the property of another, warrants the enjoyment of it against the claim of the owner.

Art. 2683. Form of lease, written or verbal

Leases may be made either by written or verbal contract.

Art. 2683.1. Commission owed to third party; inclusion in written lease

Whenever a commission is owed by the lessor to a third party for perfecting the lease of immovable property, the amount of the commission and to whom it is owed shall be clearly stated in the written lease agreement.

Art. 2684. Agreed duration of lease

The duration and the conditions of leases are generally regulated by contract, or by mutual consent.

Art. 2685. Presumed duration of lease of house, where no time specified

If the renting of a house or other edifice, or of an apartment, has been made without fixing its duration, the lease shall be considered to have been made by the month.

Art. 2686. Notice of termination when no agreement as to duration

The parties must abide by the agreement as fixed at the time of the lease. If no time for its duration has been agreed on, the party desiring to put an end to it must give notice in writing to the other, at least ten days before the expiration of the month, which has begun to run.

Art. 2687. Presumed duration of lease of predial estate, where no time specified

The lease of a predial estate, when the time has not been specified, is presumed to be for one year, as that time is necessary in this State to enable the farmer to make his crop, and to gather in all the produce of the estate which he has rented.

Art. 2688. Reconduction of lease of predial estate by continued possession after expiration of term

If, after the lease of a predial estate has expired, the farmer should still continue to possess the same during one month without any step having been taken, either by the lessor or by a new lessee, to cause him to deliver up the possession of the estate, the former lease shall continue subject to the same clauses and conditions which it contained; but it shall continue only for the year next following the expiration of the lease.

Art. 2689. Reconduction of lease of house or room by continued possession after expiration of term

If the tenant either of a house or of a room should continue in possession for a week after his lease has expired, without any opposition being made thereto by the lessor, the lease shall be presumed to have been continued, and he can not be compelled to deliver up the house or room without having received the legal notice or warning directed by article 2686.

Art. 2690. Security of original lease inapplicable to reconduction

In the cases provided for in the two preceding articles, the security which may have been given for the payment of the rent shall not extend to the obligations resulting from the lease being thus prolonged.

Art. 2691. Notice of termination as precluding reconduction

When notice has been given, the tenant, although he may have continued in possession, can not pretend that there has been a tacit renewal of the lease.

SECTION 2. OF THE OBLIGATIONS AND RIGHTS OF THE LESSOR

Art. 2692. Obligations arising from nature of contract

The lessor is bound from the very nature of the contract, and without any clause to that effect:

1. To deliver the thing leased to the lessee.

2. To maintain the thing in a condition such as to serve for the use for which it is hired.

3. To cause the lessee to be in a peaceable possession of the thing during the continuance of the lease.

Art. 2693. Delivery and necessary repairs.

The lessor is bound to deliver the thing is good condition, and free from any repairs. He ought to make, during the continuance of the lease, all the repairs which may accidentally become necessary; except those which the tenant is bound to make, as hereafter directed.

Art. 2694. Lessee's right to make repairs upon lessor's failure

If the lessor do not make the necessary repairs in the manner required in the preceding article, the lessee may call on him to make them. If he refuse or neglect to make them, the lessee may himself cause them to be made, and deduct the price from the rent due, on proving that the repairs were indispensable, and that the price which he has paid was just and reasonable.

Art. 2695. Lessor's liability for damages from vices and defects

The lessor guarantees the lessee against all the vices and defects of the thing, which may prevent its being used even in case it should appear he knew nothing of the existence of such vices and defects, at the time the lease was made, and even if they have arisen since, provided they do not arise from the fault of the lessee; and if any loss should result to the lessee from the vices and defects, the lessor shall be bound to indemnify him for the same.

Art. 2696. Lessor's liability for eviction of lessee

If the lessee be evicted, the lessor is answerable for the damage and loss which he sustained by the interruption of the lease.

Art. 2697. Total or partial destruction of thing during lease

If, during the lease, the thing be totally destroyed by an unforeseen event, or it be taken for a purpose of public utility, the lease is at an end. If it be only destroyed in part, the lessee may either demand a diminution of the price, or a revocation of the lease. In neither case has he any claim of damages.

Art. 2698. Alterations by lessor during lease prohibited

The lessor has not the right to make any alteration in the thing during the continuance of the lease.

Art. 2699. Impairment of thing leased without fault of lessor

If, without any fault of the lessor, the thing cease to be fit for the purpose for which it was leased, or if the use be much impeded, as if a neighbor, by raising his walls shall intercept the light of a house leased, the lessee may, according to circumstances, obtain the annulment of the lease, but has no claim for indemnity.

Art. 2700. Necessary repairs during lease

If, during the continuance of the lease, the thing leased should be in want of repairs, and if those repairs can not be postponed until the expiration of the lease, the tenant must suffer such repairs to be made, whatever be the inconvenience he undergoes thereby, and though he be deprived either totally or in part of the use of the thing leased to him during the making of the repairs. But in case such repairs should continue for a longer time than one month, the price of the rent shall be lessened in proportion to the time during which the repairs have continued, and to the parts of the tenement for the use of which the lessee has thereby been deprived.

And the whole of the rent shall be remitted, if the repairs have been of such nature as to oblige the tenant to leave the house or the room and to take another house, while that which he had leased was repairing.

Art. 2701. Discrepancy in quantity of estate leased, diminution of rent

If, in the lease of a predial estate, the premises have been stated to be of a greater extent than they in reality are, the lessee may claim an abatement of the rent, in the cases and subject to the provisions prescribed in the title: Of Sale.

Art. 2702. Payment of taxes and other charges

The lessor, and not the lessee, unless there be a stipulation to the contrary, must bear all the real charges with which the thing leased is burdened. Thus he has to pay the taxes, rents and other dues imposed upon the thing leased.

Art. 2703. Disturbance by third persons without right

The lessor is not bound to guarantee the lessee against disturbances caused by persons not claiming any right to the premises; but in that case the lessee has a right of action for damages sustained against the person occasioning such disturbance.

Art. 2704. Disturbance by third persons pretending to have rights; call in warranty

If the persons by whom those acts of disturbances have been committed, pretend to have a right to the thing leased, or if the lessee is cited to appear before a court of justice to answer to the complaint of the person thus claiming the whole or a part of the thing leased, or claiming some servitude on the same, he shall call the lessor in warranty, and shall be dismissed from the suit if he wishes it, by naming the person under whose rights he possesses.

Art. 2705. Lessor's privilege and pledge on movables of lessee, exemptions

The lessor has, for the payment of his rent, and other obligations of the lease, a right of pledge on the movable effects of the lessee, which are found on the property leased.

In the case of predial estates, this right embraces everything that serves for the labors of the farm, the furniture of the lessee's house, and the fruits produced during the lease of the land; and in the case of houses and other edifices, it includes the furniture of the lessee, and the merchandise contained in the house or apartment, if it be a store or shop.

But the lessee shall be entitled to retain, out of the property subjected by law to the lessor's privilege, his clothes and linen, and those of his spouse and family; his bed, bedding and bedstead, and those of his spouse and family; his arms, military accouterments, and the tools and instruments necessary for the exercise of the trade or profession by which he gains his living and that of his family; one cooking stove and utensils of said stove; plates, dishes, knives, forks and spoons; all pots, pans and other cooking utensils; one dining table, and dining chairs necessary for himself and family.

Art. 2706. Lessor's privilege and pledge on movables of sublessee

This right of pledge includes, not only the effects of the principal lessee or tenant, but those of the undertenant, so far as the latter is indebted to the principal lessee, at the time when the proprietor chooses to exercise his right.

A payment made in anticipation, by the undertenant to his principal, does not release him from the owner's claim.

Art. 2707. Movables belonging to third persons

The lessor may lawfully seize movables belonging to a third person, when they are contained in the house or store by his own consent, express or implied. The owner is entitled to recover his property, but only by asserting his ownership prior to the judicial sale, in the manner provided by Article 1092 of the Code of Civil Procedure. If he fails to do so, the property may be sold as though it belonged to the lessee.

Art. 2708. Movables transiently or accidentally on premises

Movables are not subject to this right, when they are only transiently or accidentally in the house, store, or shop, such as the baggage of a traveler in an inn, merchandise sent to a workman to be made up or repaired, and effects lodged in the store of an auctioneer to be sold.

Art. 2709. Enforcement of privilege against lessee's effects after removal

A. In the exercise of this right, the lessor may seize the objects subject to his privilege before the lessee removes them from the leased premises, or within fifteen days after they have been removed by the lessee without the consent of the lessor, if they continue to be the property of the lessee, and can be identified.

B. The lessor may enforce his privilege against movables which have been removed from the leased premises by the sheriff or other officer of the court, without the necessity of a further seizure thereof, and as long as these movables remain in custodia legis.

C. The lessor may obtain an injunction to prevent the lessee from disposing of government entitlements coming into his possession which are attributable to the property leased from the lessor for the preceding crop year. This right may be enforced at any time after the default of the lessee.

SECTION 3. OF THE OBLIGATIONS AND RIGHTS OF THE LESSEE

Art. 2710. Obligations of lessee arising from nature of contract

The lessee is bound:

1. To enjoy the thing leased as a good administrator, according to the use for which it was intended by the lease.

2. To pay the rent at the terms agreed on.

Art. 2711. Use of thing leased

If the lessee makes another use of the thing than that for which it was intended, and if any loss is thereby sustained by the lessor, the latter may obtain the dissolution of the lease.

The lessee, in that case, shall be bound to pay the rent, until the thing is again leased out; and the lessee is also liable for all the losses which the owner may have sustained through his misconduct.

Art. 2712. Eviction for nonpayment of rent

A. The lessee may be expelled from the property if he fails to pay the rent when it becomes due.

B. For purposes of this Article, the application for or the receipt of entitlements or funds, under any federal or state rent subsidy program or rent subsidy assistance, shall not be considered payment of rent and shall not be a defense to an action to evict the lessee.

Art. 2713. Notice and procedure for eviction

When the lessor has given notice to the lessee, in the manner directed by law, to quit the property, and the lessee persists in remaining on it, or if the lessee has waived his right to such notice by written waiver contained in the lease and has lost his right of occupancy for any reason, the lessor may have him summoned before a judge or a justice of the peace, and condemned to depart; and if three days after notice of the judgment he has not obeyed, the judge or justice of the peace may order that he shall be expelled and that the property shall be cleared by the sheriff or constable, at his expense.

The mode of proceeding in such cases is provided for by special laws.

Art. 2714. Execution of eviction order

The sheriff or constable charged with the execution of this order, may force the doors and windows, if they are shut, and seize and sell such portion of the effects of the lessee as may be necessary to pay the costs.

Art. 2715. Repairs to be made by lessee

The lessee is bound to cause all necessary repairs to be made which it is incumbent on lessees to make, unless the contrary hath been stipulated.

Art. 2716. Repairs at expense of lessee

The repairs, which must be made at the expense of the tenant, are those which, during the lease, it becomes necessary to make:

To the hearth, to the back to chimneys and chimney casing.

To the plastering of the lower part of interior walls.

To the pavement of rooms, when it is but partially broken, but not when it is in a state of decay.

For replacing window glass, when broken accidentally, but not when broken either in whole or in their greatest part by a hail storm or by any other inevitable accident.

To windows, shutters, partitions, shop windows, locks and hinges, and everything of that kind, according to the custom of the place.

Art. 2717. Repairs caused by decay or unforeseen events

The expenses of the repairs, which unforeseen events or decay may render necessary, must be supported by the lessor, though such repairs by of the nature of those which are usually done by the lessee.

Art. 2718. Cleaning of wells and necessaries

The cleaning of wells and necessaries shall be at the expense of the lessor, unless the contrary has been stipulated.

Art. 2719. Return of things leased under inventory

If an inventory has been made of the premises in which the situation, at the time of the lease, has been stated, it shall be the duty of the lessee to deliver back everything in the same state in which it was when taken possession of by him, making, however, the necessary allowance for wear and tear and for unavoidable accidents.

Art. 2720. Return of things leased without inventory

If no inventory has been made, the lessee is presumed to have received the thing in good order, and he must return it in the same state, with the exceptions contained in the preceding article.

Art. 2721. Lessee's liability for damages through fault

The lessee is only liable for the injuries and losses sustained through his own fault.

Art. 2722. Lessee's liability for waste

He is, however, liable for the waste committed by the persons of his family, or by those to whom he may have made a sublease.

Art. 2723. Lessee's liability for loss by fire

He can only be liable for the destruction occasioned by fire, when it is proved that the same has happened either by his own fault or neglect, or by that of his family.

Art. 2724. Predial lessee's duty to prevent encroachments

It is the duty of a farmer of a predial estate, to prevent the same being encroached upon, and in case of such encroachment, to give notice to the proprietor, in defect of which he shall be liable in damages.

Art. 2725. Lessee's right to sublease

The lessee has the right to underlease, or even to cede his lease to another person, unless this power has been expressly interdicted.

The interdiction may be for the whole, of for a part; and this clause is always construed strictly.

Art. 2726. Improvements and additions made by lessee

The right of the lessee to remove improvements and additions he has made to the thing is governed by Articles 493, 493.1, 493.2, and 495.

SECTION 4. OF THE DISSOLUTION OF LEASES

Art. 2727. Expiration of stipulated time

The lease ceases of course, at the expiration of the time agreed on.

Art. 2728. Loss of thing leased

It is also dissolved by the loss of the thing leased.

Art. 2729. Failure of parties to fulfill obligations

The neglect of the lessor or lessee to fulfill his engagements, may also give cause for a dissolution of the lease, in the manner expressed concerning contracts in general, except that the judge can not order any delay of the dissolution.

Art. 2730. Termination of lease made by a usufructuary

A lease made by one having a right of usufruct, ends when the right of usufruct ceases.

The lessee has no right to an indemnification from the heirs of the lessor, if the lessor has made known to him the title under which he possessed.

Art. 2731. Death of parties not cause for dissolution

A contract for letting out is not dissolved by the death of the lessor, nor by that of the lessee; their respective heirs are bound by the contract.

Art. 2732. Occupation of premises by lessor

The lessor can not dissolve the lease for the purpose of occupying himself the premises, unless that right has been reserved to him by the contract.

Art. 2733. Sale of thing leased, effect

If the lessor sells the thing leased, the purchaser can not turn out the tenant before his lease has expired, unless the contrary has been stipulated in the contract.

Art. 2734. Rights of lessee upon occupation by lessor

If the lessor has reserved to himself in the agreement, the right of taking possession of the thing leased whenever he should think proper, he is not bound to make any indemnification to the lessee, unless it be specified by the contract; the lessor is only bound in that case, to give him the legal notice or warning prescribed in article 2686.

Art. 2735. Lessee's right to indemnity upon sale of thing leased

If it has been agreed by the parties, at the time the lease was made, that in case the property was sold the purchaser should be at liberty to take immediate possession, and if no indemnification has been stipulated, the lessor shall be bound to indemnify the lessee in the following manner.

Art. 2736. Indemnity upon eviction from house or shop

If it be a house, room or shop, the lessor shall pay as indemnification to the evicted tenant a sum equal to the amount of the rent, for the time, which, according to article 2686, is to elapse between the notice and the going out.

Art. 2737. Indemnity upon eviction from predial estate

If it be a predial estate, the indemnification to be paid by the lessor to the evicted farmer, shall be the third of the price of the rent, during the time which has yet to elapse.

Art. 2738. Appraisal of damages by experts in special cases

The quantum of damages shall be determined by skillful men, when the controversy relates to manufactures, mines and things of that kind, which require great disbursements.

Art. 2739. Notice to vacate given to lessee by purchaser of property

The purchaser who wishes to use the right reserved by the lease, is moreover bound to give previous notice to the tenant according to article 2686.

The farmers of predial estates shall have one year's notice.

Art. 2740. Payment of indemnity prior to eviction

Previous to the expulsion of a farmer or tenant, the before prescribed indemnifications must be paid to him, either by the lessor, or, in his default, by the new purchaser.

Art. 2741. Verbal lease, no indemnity from purchaser

If the lease has not been reduced to writing, the purchaser can not be compelled to give any indemnification.

Art. 2742. Sale of leased property with right of redemption, restriction on purchaser's right to evict lessee

A person who has purchased an estate, the former proprietor of which has reserved by contract the right of redemption, can not turn out the lessee, until, by the expiration of the time fixed for the redemption, the purchaser becomes the irrevocable owner.

Art. 2743. Abatement of rent for unforeseen loss of crops

The tenant of a predial estate can not claim an abatement of the rent, under the plea that, during the lease, either the whole, or a part of his crop, has been destroyed by accidents, unless those accidents be of such an extraordinary nature, that they could not have been foreseen by either of the parties at the time the contract was made; such as the ravages of war extending over a country then at peace, and where no person entertained any apprehension of being exposed to invasion or the like.

But even in these cases, the loss suffered must have been equal to the value of one-half of the crop at least, to entitle the tenant to an abatement of the rent.

The tenant has no right to an abatement, if it is stipulated in the contract, that the tenant shall run all the chances of all foreseen and unforeseen accidents.

Art. 2744. Abatement of rent for unforeseen loss of gathered crop

The tenant can not obtain an abatement, when the loss of the fruit takes place after its separation from the earth, unless the lease gives to the lessor a portion of the crop in kind; in which case, the lessor ought to bear his share of the loss, provided the tenant has committed no unreasonable delay in delivering his portion of the crop.

CHAPTER 3. OF THE LETTING OUT OF LABOR OR INDUSTRY

Art. 2745. Kinds of lease of services or labor

Labor may be let out in three ways:

1. Laborers may hire their services to another person.

2. Carriers and watermen hire out their services for the conveyance either of persons or of goods and merchandise.

3. Workmen hire out their labor or industry to make buildings or other works.

SECTION 1. OF THE HIRING OF SERVANTS AND LABORERS

Art. 2746. Limited duration of contract

A man can only hire out his services for a certain limited time, or for the performance of a certain enterprise.

Art. 2747. Contract of servant terminable at will of parties

A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.

Art. 2748. Contract of farm or factory laborer, restrictions on termination

Laborers, who hire themselves out to serve on plantations or to work in manufactures, have not the right of leaving the person who has hired them, nor can they be sent away by the proprietor, until the time has expired during which they had agreed to serve, unless good and just causes can be assigned.

Art. 2749. Liability for dismissal of laborer without cause

If, without any serious ground of complaint, a man should send away a laborer whose services he has hired for a certain time, before that time has expired, he shall be bound to pay to such laborer the whole of the salaries which he would have been entitled to receive, had the full term of his services arrived.

Art. 2750. Liability of laborer leaving employment without cause

But if, on the other hand, a laborer, after having hired out his services, should leave his employer before the time of his engagement has expired, without having any just cause of complaint against his employer, the laborer shall then forfeit all the wages that may be due to him, and shall moreover be compelled to repay all the money he has received, either as due for his wages, or in advance thereof on the running year or on the time of his engagement.

SECTION 2. OF CARRIERS AND WATERMEN

Art. 2751. Obligations of carriers and watermen

Carriers and watermen are subject, with respect to the safe keeping and preservation of the things intrusted to them, to the same obligations and duties which are imposed on tavern keepers in the title: Of Deposit and Sequestration.

Art. 2752. Liability for things delivered for shipment

They are answerable, not only for what they have actually received in their vessel or vehicle, but also for what has been delivered to them at the port or place of deposit, to be placed in the vessel or carriage.

Art. 2753. Birth of child during sea voyage

The price of a passage agreed to be paid by a women [woman], for going by sea from one country to another, shall not be increased in case the woman has a child during the voyage, whether her pregnancy was known or not by the master of the ship.

Art. 2754. Liability for loss or damage

Carriers and waterman [watermen] are liable for the loss or damage of the things intrusted to their care, unless they can prove that such loss or damage has been occasioned by accidental and uncontrollable events.

Art. 2755. Master's and crew's privilege on vessel for payment of wages

The masters of ships and other vessels, and their crews, have a privilege on the ship, for the wages due to them on the last voyage.

SECTION 3. OF CONSTRUCTING BUILDINGS ACCORDING TO PLOTS, AND OTHER WORKS BY THE JOB, AND OF FURNISHING MATERIALS

Art. 2756. Building by plot and work by job, definitions

To build by a plot, or to work by the job, is to undertake a building or a work for a certain stipulated price.

Art. 2757. Agreement to furnish work or materials or both

A person, who undertakes to make a work, may agree, either to furnish his work and industry alone, or to furnish also the materials necessary for such a work.

Art. 2758. Destruction of work before delivery, liability of contractor furnishing materials

When the undertaker furnishes the materials for the work, if the work be destroyed, in whatever manner it may happen, previous to its being delivered to the owner, the loss shall be sustained by the undertaker, unless the proprietor be in default for not receiving it, though duly notified to do so.

Art. 2759. Destruction of work before delivery, liability of contractor furnishing work only

When the undertaker only furnishes his work and industry, should the thing be destroyed, the undertaker is only liable in case the loss has been occasioned by his fault.

Art. 2760. Destruction of work before delivery, contractor's right to payment of salary

In the case mentioned in the preceding article, if the thing be destroyed by accident, and not owing to any fault of the undertaker, before the same be delivered, and without the owner be [being] in default for not receiving it, the undertaker shall not be entitled to his salaries, unless the destruction be owing to the badness of the materials used in the building.

Art. 2761. Delivery of work in separate parts

If the work be composed of detached pieces, or made at the rate of so much a measure, the parts may be delivered separately; and that delivery shall be presumed to have taken place, if the proprietor has paid to the undertaker the price due for the parts of the work which have already been completed.

Art. 2762. Liability of contractor for damages due to badness of workmanship

If a building, which an architect or other workman has undertaken to make by the job, should fall to ruin either in whole or in part, on account of the badness of the workmanship, the architect or undertaker shall bear the loss if the building falls to ruin in the course of ten years, if it be a stone or brick building, and of five years if it be built in wood or with frames filled with bricks.

Art. 2763. Changes or extensions of original plans, effect

When an architect or other workman has undertaken the building of a house by the job, according to a plot agreed on between him and the owner of the ground, he can not claim an increase of the price agreed on, on the plea of the original plot having been changed and extended, unless he can prove that such changes have been made in compliance with the wishes of the owner.

Art. 2764. Substantial and necessary alterations

An exception is made to the above provision, in a case where the alteration or increase is so great, that it can not be supposed to have been made without the knowledge of the owner, and also where the alteration or increase was necessary and has not been foreseen.

Art. 2765. Cancellation of contract by owner

The proprietor has a right to cancel at pleasure the bargain he has made, even in case the work has already been commenced, by paying the undertaker for the expense and labor already incurred, and such damages as the nature of the case may require.

Art. 2766. Termination of contract by death of workman

Contracts for hiring out work are canceled by the death of the workman, architect or undertaker, unless the proprietor should consent that the work should be continued by the heir or heirs of the architect, or by workmen employed for that purpose by the heirs.

Art. 2767. Payment to heirs of contractor for work or materials completed

The proprietor is only bound, in the former case, to pay to the heirs of the undertaker the value of the work that has already been done and that of the materials already prepared, proportionably to the price agreed on, in case such work and materials may be useful to him.

Art. 2768. Contractor's liability for acts of employees

The undertaker is responsible for the acts of the persons employed by him.

Art. 2769. Contractor's liability for non-compliance with contract

If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall be liable in damages for the losses that may ensue from his non-compliance with his contract.

Art. 2770. Workmen employed by contractor, rights against owner

Masons, carpenters and other workmen, who have been employed in the construction of a building or other works, undertaken by the job, have their action against the proprietor of the house on which they have worked, only for the sum which may be due by him to the undertaker at the time their action is commenced.

Art. 2771. Masons, carpenters and other artificers as contractors

Masons, carpenters, blacksmiths and all other artificers, who undertake work by the job, are bound by the provisions contained in the present section, for they may be considered as undertakers each in his particular line of business.

Art. 2772. Privilege of contractors, laborers and materialmen; settlement of accounts

The undertaker has a privilege, for the payment of his labor, on the building or other work, which he may have constructed.

Workmen employed immediately by the owner, in the construction or repair of any building, have the same privilege.

Every mechanic, workman or other person doing or performing any work towards the erection, construction or finishing of any building erected under a contract between the owner and builder or other person, (whether such work shall be performed as journeyman, laborer, cartman, subcontractor or otherwise,) whose demand for work and labor done and performed towards the erection of such building has not been paid and satisfied, may deliver to the owner of such building an attested account of the amount and value of the work and labor thus performed and remaining unpaid; and thereupon, such owner shall retain out of his subsequent payments to the contractor the amount of such work and labor, for the benefit of the person so performing the same.

Whenever any account of labor performed on a building erected under a contract as aforesaid, shall be placed in the hands of the owner or his authorized agent, it shall be his duty to furnish his contractor with a copy of such papers, in order that if there be any disagreement between such contractor and his creditor, they may, by amicable adjustment between themselves or by arbitration, ascertain the true sum due; and if the contractor shall not, within ten days after the receipt of such papers, give the owner written notice that he intends to dispute the claim, or if, in ten days after giving such notice, he shall refuse or neglect to have the matter adjusted as aforesaid, he shall be considered as assenting to the demand, and the owner shall pay the same when it becomes due.

If any such contractor shall dispute the claim of his journeyman or other person for work or labor performed as foresaid, and if the matter can not be adjusted amicably between themselves, it shall be submitted, on the agreement of both parties, to the arbitrament of three disinterested persons, one to be chosen by each of the parties, and one by the two thus chosen; the decision, in writing, of such three persons, or any two of them, shall be final and conclusive in the case submitted.

Whenever the amount due shall be adjusted and ascertained as above provided, if the contractor shall not, within ten days after it is so adjusted and ascertained, pay the sum due to his creditor with the costs incurred, the owner shall pay the same out of the funds as provided; and the amount due may be recovered from the owner by the creditor of the contractor, and the creditor shall be entitled to the same privileges as the contractor, to whose rights the creditor shall have been subrogated, to the extent in value of any balance due by the owner to his contractor under the contract with him, at the time of the notice first given as aforesaid, or subsequently accruing to such contractor under the same, if such amount shall be less than the sum due from the contractor to his creditor.

All the foregoing provisions shall apply to the person furnishing materials of any kind to be used in the performance of any work or construction of any building, as well as the work done and performed towards such building, by any mechanic or workman; and the proceedings shall be had on the account, duly attested, of such person furnishing materials, and the same liabilities incurred by, and enforced against the contractor or owner of such building, or other person, as those provided for work or labor performed.

If, by collusion or otherwise, the owner of any building erected by contract as aforesaid, shall pay to his contractor any money in advance of the sum due on the contract, and if the amount still due the contractor after such payment has been made, shall be insufficient to satisfy the demand made for work and labor done and performed, or materials furnished, the owner shall be liable to the amount that would have been due at the time of his receiving the account of such work, in the same manner as if no payment had been made.

Art. 2773. Rights of workmen and materialmen against contractor and owner

Workmen and persons furnishing materials, who have contracted with the undertaker, have no action against the owner who has paid him. If the undertaker be not paid, they may cause the moneys due him to be seized, and they are of right subrogated to his privilege.

Art. 2774. Anticipated payments by owner to contractor, effect on rights of laborers and materialmen

The payments, which the proprietor may have made in anticipation to the undertaker, are considered, with regard to workmen and to those who furnish materials, as not having been made, and do not prevent them from exercising the right granted them by the preceding article.

Art. 2775. Contract exceeding $500, recordation essential for privilege

No agreement or undertaking for work exceeding five hundred dollars, which has not been reduced to writing, and registered with the recorder of mortgages, shall enjoy the privilege above granted.

Art. 2776. Contract under $500, recordation of statement essential for privilege

When the agreement does not exceed five hundred dollars, it is not required to be reduced to writing, but the statement of the claim must be recorded, in the manner required by law, to preserve the privilege.

Art. 2777. Privilege of workmen on ships and boats

Workmen employed in the construction or repair of ships and boats, enjoy the privilege established above, without being bound to reduce their contracts to writing, whatever may be their amount, provided the statement of the claim is recorded in the manner required by law; but this privilege ceases, if they have allowed the ship or boat to depart, without exercising their right.



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