In case of sale during the lease, which returns the deposit to the tenant?

MIL OSI Translation. Government of the Republic of France statements from English to French – Credits: © ONYXprj – Fotolia.com

When the rented property has been sold during the lease, it is up to the original lessor to return the deposit to the tenant. This is recalled by the Court of Cassation on June 28, 2018.

At the end of the commercial lease, the lessee asked the landlord who had acquired the rented premises during the lease, to return the security deposit paid upon signing the lease. The Court of Appeal had granted this request.

But the stop is broken. For the Court of Cassation, in the event of sale of the rented premises, the restitution of the deposit of guarantee falls to the original lessor. It is not transmitted to the buyer. Thus, the tenant can not demand from the latter the refund of the security deposit that he had paid to the initial lessor.

EDITOR'S NOTE: This article is a translation. Please forgive us should the grammar and / or sentence structure not be perfect.