Cap. 16 Art. 1609If lessor declares not to let out the tenement before , lapse of one year etc.

Nor may he set up his right of preference against the aforesaid demand, where such demand is admissible, if the plaintiff declares on oath that he does not intend to let out the tenement before the lapse of one year to be reckoned from the day of the demand, or that he does not intend to let out the tenement within the said time on conditions less onerous than those which the defendant shall have refused to accept, whatever such conditions may be, and irrespective of any opinion of the Rent Board in regard to such conditions:

Provided that if the declarant shall, in violation of the terms of any such declaration, let out the tenement, within the time aforesaid, to persons other than those mentioned in article 1606, the party who has surrendered the tenement in consequence of such declaration, may maintain against the declarant an action for damages, exercisable within one year from the day on which the tenement shall have been so let out.