In case of damage, you can pay more than the damage done

The tenant who renders the premises in poor condition is liable to pay more than just refurbishment. A landlord who had to lease back by granting the new tenant advantageous conditions to compensate for the poor condition of the premises and the cost of refurbishing them justifies a second prejudice.

The Cour de cassation considers that, even if the former tenant pays for the restoration of the unmaintained or degraded premises, he does not make good the loss of profits for the landlord who had to rent under unfavorable conditions.

However, the Court of Cassation held that the previous obsolescence must be deducted from the sums owed by the former tenant. He must not make repairs due to this dilapidation. Its maintenance obligation does not require it to refurbish the dwelling, unless a clause in the lease so specifies.

The Court of Cassation issued this decision in a dispute between traders concerning residential premises subject to Law No. 89-462 of 6 July 1989. Article 7 provides that the lessee must be liable for any damage or loss that occurs during the term of the contract.