The tenant has the right to claim from the former owner what he unduly paid since it was he who received it, explains the Court of Cassation.
After the sale of a home, the tenant has the right to claim from his former owner what he may have paid him in excess, ruled the Court of Cassation.
He does not have to take into account an agreement inserted in the deed of sale, by which the new owner agreed to take charge of possible future procedures, including for old facts, the judges clarified.
It is therefore up to the person who received the funds unduly to return them, they ruled, invoking the civil code. They also recall that, according to the law, contracts between two parties must not harm third parties.
Not all procedures are transferred to the new owner
A tenant, demanding the restitution of an overpayment of rent and charges, preferred to contact the person who was the owner at the time of his payments. This former owner responded that, in the deed of sale, a clause transferred to the new owner all procedures that could be triggered, including if they were linked to old issues. The buyer will be personally responsible for all procedures that may arise and will take the place of the seller in any dispute that may arise for a reason prior to the sale, said the notarial deed.
But this clause does not concern the tenant and cannot be opposed to him, ruled the Court of Cassation. He therefore has the right to claim from the former owner what he unduly paid since it was he who received it.