Practice question
A lessor unilaterally remodels leased premises so the lawful business use specified in the lease becomes impossible. The lessor argues that ownership permits any alteration regardless of the tenant’s contractual enjoyment. Which principle applies?
- Ownership eliminates every lease duty
- Article 1661 prohibits altering the form in a way impairing the stipulated use, and the aggrieved party may seek the applicable Article 1659 relief
- The tenant must always accept every impairment
- The lease automatically becomes an agency
- Only the lessor’s later preference matters
Legal references
- Civil Code, Articles 1659 and 1661: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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