The tenant has the right to claim from the former owner what he unduly paid since he was the one who received it, explains the Court of Cassation.
After the sale of a house, the tenant has the right to claim from his former owner what he could have paid more, said the Court of Cassation.
It should not take into account an agreement included in the act of sale, by which the new owner agrees to take charge of possible future procedures, even for the old facts, the judges clarify.
It is therefore up to the person who improperly received the funds to return them, they ruled, invoking the civil code. They also remember that, according to the law, contracts between two parties must not harm third parties.
Not all processes are transferred to the new owner
A tenant, demanding the return of an excessive payment of rent and charges, preferred to contact the person who was the owner at the time of his payments. This former owner replied that, in the deed of sale, a clause transferred to the new owner all the procedures that could be activated, even if they were related to old problems. The buyer will be personally responsible for all the procedures that may arise and take the place of the seller in any dispute that may arise for a reason before the sale, said the notarial act.
But this clause does not concern the lessee and cannot be opposed to him, said the Court of Cassation. He therefore has the right to claim from the former owner what he has unduly paid since he is the one who received it.