Where the conductor, on the conclusion of the lease, has not reported the defects of what he had known or easily identifiable, shall be deemed to have impliedly waived the right to use them, accepting it in that state which was at the time of delivery, and can not, therefore, rescind the contract or reduction of rent nor compensation for the damage or the due performance, or use exception in Civil Code Article .1460. since it is conceivable that the operator may wish to realize their interests by taking the economic risk of any reduction in the use or agreed to bear the burden of costs necessary to bring the defendant to use the leased property in exchange for a fee lower than that required in conditions of perfect suitability of the property to said use.
cass., Sec. III 06/08/2010 No 18337
The Case
The tenant had sued the landlord, asking for a reduction in art. 1578 Civil Code. rent should the hotel company as a result of the impossibility, due to order of the mayor, to assign to the hotel rooms for four local height of no compliance with the standards established, and the damages. The lower courts had considered the question infodata.
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