A tenant who leaves the property in disrepair when moving out may have to pay additional rent

A landlord asked for several months’ rent after a tenant moved out. The Court of Cassation ruled in his favor.

A tenant who leaves the accommodation in abnormal condition will be required to pay additional rent while the work is completed. According to this principle, the Court of Cassation ruled in favor of a landlord who claimed several months’ rent after the tenant had moved out.

At the time of the renovation, the residence could not be sold and five additional installments had to be paid to repay the purchase credit for this residence, the owner explained, requesting compensation from the tenant. He could possibly argue that it was impossible to grant permission again during this restoration.

Tenant is responsible for damages

However, the judges replied, if this claim is reasonable in principle, it cannot be calculated as if the owner had to sell his property as a matter of course the day after the tenant’s departure. It should be moderate because the owner has lost the chance to sell soon if the work was not necessary.

According to the 1989 law that organizes rental relationships, the tenant is responsible for damage caused upon departure, thanks to the comparison between the inventory of the premises upon entry and the inventory of the premises upon exit, as long as this damage is normal. Does not come under the scope of wear and tear. , whether due to a case of force majeure, the fault of the owner, for example obsolescence, or whether they are caused by a third party who enters the premises without the help of the tenant.

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