FORTUITOUS EVENTS

Once upon a time, a tenant was happily renting a house in an upscale village. Everything went well until a strong typhoon hit the city.

The storm uprooted the neighbor's tree, and it fell on the house. The roof gave way, rain poured in, and the tenant's expensive furniture was ruined.

So who pays for what?

Here's how the Civil Code generally answers it.

The roof. The lessor is obliged to make the necessary repairs to keep the property fit for its use (Art. 1654). Repairing the roof is on the owner.

The neighbor's tree. Owners can be liable for damage caused by falling trees, but not when the fall was caused by force majeure (Art. 2191). A strong typhoon will usually count as force majeure.

The tenant's furniture. No one is generally liable for events that couldn't be foreseen or avoided (Art. 1174). Unless the lease says otherwise, the tenant usually bears that loss, which is why tenants with valuable belongings should insure them.

Can the tenant leave? If the house is only partly destroyed, the tenant can choose between a proportional reduction of the rent or rescinding the lease (Art. 1655). If it's totally destroyed, the lease ends.

These are the general rules, and the specific facts can change the answer. That's exactly why the lease itself should spell this out.

Lesson: make sure your lease has a clear clause on fortuitous events. It should say who repairs what, what happens to the rent while repairs are going on, and when either side can end the lease.