Degradation of a dwelling: the tenant must prove that he is not at fault

A landlord had the exterior walls of a house rendered, which he rented. When the tenant leaves, the landlord notices that one of the walls is damaged. He keeps the security deposit to pay for the repairs of the wall.

The tenant claims that he should not pay anything and asks for the return of the security deposit and the payment of the legal compensation for late payment of 10%.

The matter is before the Court of Appeal. The Commission considers that the initial condition of the wall cannot be verified because no mention has been made of the state of the place of entry and no amendment to the state of the place of entry has been made after the rendering work. It orders the lessor to return the security deposit to the lessee and to pay the late payment of 10%.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. She considers that her reasoning reverses the burden of proof. It is up to the tenant to demonstrate that he has not degraded the rented property. He must prove that the disturbances occurred by force majeure, by the fault of the landlord or by the fact of a third party that he did not introduce into the dwelling.