The tenant must bear the repairs of the damage noted during his departure without requiring that these repairs be actually carried out by the owner.
This compensation of the lessor is not subject to the execution of repairs, nor to the actual commitment of expenses, nor to the justification of a loss of rental value, recalled the Court of Cassation.
Whether or not the landlord has incurred expenses to repair the tenant's damage is irrelevant to the tenant. The damage exists because of the observation of deterioration, even if no expense is incurred to repair it, explains the Court.
It therefore rejects the arguments of a tenant who observed that the premises had been immediately re-let without refurbishment, that no decrease in the value of the premises had been proven and that no reduction in rent had been granted in this respect. , in compensation.
The Civil Code does not require such findings, observed the Court. It only declares that the tenant "responsible for damage or losses that occur during his enjoyment, unless he proves that they took place without his fault".
The tenant must return the premises in the state they were in on his arrival and, if there was no inventory of fixtures at the entrance, he is assumed to have taken possession of them while they were in good condition, add code.
(Cass. Civil 3, 7.1.2021, K 19-23.269).
