Article 715 of the Civil Code: No improvement to the lease without consent

2022-05-13 0 By

Article 715 provides as follows: The lessee may, with the consent of the lessor, make improvements or additions to the lease item.Where the lessee improves or adds to the lease item without the consent of the lessor, the lessor may request the lessee to restore the lease item to its original condition or compensate for losses.This article is about the lessee’s improvement or addition to the lease item.In the lease contract, the lessor still retains the ownership of the leased property, but the leased property is possessed, used and benefited by the lessee. Another important right of ownership is:The right to dispose of the leased property is still owned by the lessor. Therefore, the lessee has no right to make improvements or additions to the leased property without the consent of the lessor, even if such improvements are made in good faith and objectively increase the value of the leased property.If the lessee makes any improvement or addition to the lease without the consent of the lessor, the lessee shall not only have no right to demand the lessor to pay the expenses for such improvement or addition, but also bear the civil liability for restoring the original condition or compensating for the loss (either of the two options, the two cannot be used at the same time).If the lessee agrees to improve or add other items, the expenses shall be borne by both parties according to the agreement. If there is no agreement and no agreement can be reached through consultation, the expenses shall be reasonably shared by the lessee and lessor according to the value of the leased item.Author: Lawyer Li Ying, senior partner of Guangdong Oriental Kunlun (Dongguan) Law Firm.