About Making The Rented Or Hired Property Available To The Other Party.

When the hiring contract or renting lease is formed the tenant or the hiring person becomes the owner of the profits of the property or work by means of the contract and in the same way the worker or the landlord become the owner of the rent or the pay by means of the contract. The tenant or the hiring person cannot demand the profit or work unless they pay the rent or pay for work; in the same way the landlord and worker cannot demand pay or rent unless they render the work or make the rented property available. Everyone must make available what he is supposed to do, unless the other party refuses to do his part. The profit, in the case where work is involved, is delivered when the work is completed, and the finished product is made available to the owner.

CR (402) The worker is not entitled to demand pay before completing the work unless a condition is set to have pay before work or there is a common practice to get paid before work is done, in the same way, the tenant and the hiring person cannot demand for the rented property or the result of the work before paying the rent or pay for the work. If the landlord does not make the rented property available despite tenant's paying the rent the tenant can force him to make the property available or annul the contract and demand for refund of rent if paid. He can also keep the rent and demand for the lost profits if any. The same CR applies if the landlord makes the property available and then takes it back from the renting party soon after or during the time of lease. If the contract is annulled in mid-term he returns all rent and is entitled to receive a fair market value rent of the property of the time the property was in use. And the same CR also applies if the tenant refuses to pay rent when the landlord makes the property available to him.

CR (403) If in the case of a workman, the property on which he works is destroyed or lost after completing the work before delivery to owner and it is not due to his neglect, he deserves payment, but if the property is insured by the workman the owner gets compensation for finished job, otherwise, not.

CR (4o4) The worker can hold the product of work until he is paid, if in such hold-up the product is destroyed but not due to worker's neglect, he is not responsible for the product.

CR (405) If the rented property is destroyed before the lease expires, the contract becomes void and if it happens before or soon after, it is made available to tenant, the owner is not entitled to receive anything from the tenant, if it happens sometimes after taking possession, the tenant has the choice to annul the contract; if he does the landlord refunds the agreed rent and the tenant pays fair market value rent for the time the property is used; if contract is not annulled, the landlord receives the rent by ratio to the time the property is used. This is if the property is totally destroyed, but if it is partially destroyed and some of it is not usable the contract is void proportionate to the destroyed portions of property from the beginning of the lease or mid-term and the tenant has the right to annul the deal.

CR (406) When the rented property is made available to tenant and he does not use it until the lease expires, he has to pay rent, the same CR applies if the tenant refuses to take charge of it to profit thereby until the lease expires. The same CR also applies to workman and the hiring party who does not let him work until the time expires. The workman must be paid, regardless, he during this time does some other work for himself or others or not. According to a strong reason, it does not matter in renting property, it is a specified piece of house, a certain car, or equipment or in general like a car, any car, a two room apartment; an apartment etc. If the tenant uses the property to the end of term, he has to pay the rent, regardless, the rented property is of a general nature, the time is specified or not, when one has already taken charge of a piece of property of a general nature. Rent is payable even if the property is not used. If it is not used due to compelling reasons like natural ones to the end of term, the contract becomes void, and the tenant does not have to pay any rent, if the obstacle is a particular reason only for the tenant like his becoming ill, thus, unable to use, the validity of contract is not objectionable. If a condition such as the tenant's own use of the property is not set, but even in this case according to a strong reason the contract is valid, unless the preventing cause from use is as such that makes the contract void. If such cause exists before contract, like if a contract is made to treat an illness but before treatment the illness goes away in this case the contract becomes void.

CR (407) If the tenant does not benefit from the property only for sometimes during the term of the lease, the case will be dealt with just as in the previous CR and all possible cases therein.

CR (408) If one takes away the rented property by force and, thus, not possible for the tenant to benefit, if it happens before the tenant takes charge of it, he has the choice to annul the deal and asks refund of the rent if paid or asks the usurper to pay market rent. If it happens after taking charge of the rental property he demands the usurper for market rent and the same CR applies if some oppressor prevents the tenant from benefits of the property but not the substance, he asks him for market rent of the time he was unable to benefit. The tenant's destroying the rented property is considered as his normal use of the same, thus, he must pay the rent.

CR (409) If the landlord has destroyed the property, the tenant has the choice to annul the deal and demand refund of rent paid or demand him to pay the cost of the profits.

CR (410) If a third party destroys the rented property, if it happens after the tenant takes charge, the tenant demands this party for the cost of the profit. If it takes place before tenant's taking charge of the property, in this case, he has the choice to annul the contract and ask the landlord to refund the rent or approve the contract and demand the person destroying the property for the cost.

CR (411) If some part of the house is damaged and he - the landlord - quickly starts repairs according to a strong reason if repair time is negligible the contract is not revoked, if the time is not negligible the tenant demands for the equivalent of rent for the time under repair. He can annul the contract for the whole time because of split deal and divided, if he annuls the contract he can demand for refund of the whole rent paid and he owes to the landlord a fair market value rent of the property before getting damaged. If the whole house is destroyed, apparently, the contract is annulled.

CR (412) In cases where the contract becomes void, and the landlord is entitled to fair market value rent instead of specified rent it does not matter whether the landlord knows that the contract is void or does not know.

CR (413) It is lawful to rent ones share of a property commonly owned; but it is not lawful to give possession to tenant without the permission of the other partner.

CR (414) It is lawful for two people to rent one house or some other property and share the profit like partners.

CR (415) It is lawful for two people to hire themselves for one job and share the pay. They must both work to complete work.

CR (416) According to strong reason it is not necessary for the contract and the time rented to start together. It is lawful that the time of rent starts one year after the contract or less or more, but it is necessary to specify the beginning of the term. If in the contract the beginning of the term is not specified, it is interpreted as to start right after the contract is formed.