he becomes liable for the rent even if he never lives in it. If, however, an intruder wrests the property from his possession, the rent is cancelled. Should he discover a defect that makes habitation harmful, he may annul the lease. If the house collapses, the irrigation water of the estate runs dry, or the water that turns a mill is cut off, the lease is automatically dissolved.

If either party to a lease dies after contracting it for his own benefit, the lease terminates; but if he had contracted it on behalf of another, it does not. Stipulating an option period in a lease is valid, and a lease may be rescinded for legitimate excuses—for instance, when someone rents a market stall to trade but then loses all his capital, or when a landlord who has leased out a house or shop becomes insolvent and can repay his debts only by selling that very property. In the latter case the judge annuls the contract and orders the sale of the property to satisfy the debt.

Likewise, a person who hires a mount for a journey and then abandons the trip has a valid excuse, whereas if the muleteer abandons the journey, that is no excuse.