A judgment must be quashed that holds

Application pratique:

The Court of Cassation decision clarifies that key money paid to a seller (not the landlord) does not reduce the rental value. Sophie must accept the market rent, as her key money is irrelevant to the landlord-tenant relationship. She should gather comparable local rental data to verify the market rent is fair, but cannot deduct the key money. In future, she should negotiate the initial rent carefully, understanding that key money is a separate business transfer cost.

Application pratique:

Based on this case law, Marc can reject the tenant's claim because key money paid to a third party does not affect the rent. He should provide a clear written response referencing this legal principle to avoid escalation. Marc should keep documentation showing the tenant's key money was paid to their seller, not to him. If the tenant remains unreasonable, Marc can confidently initiate court proceedings, as the law is on his side.

Application pratique:

The ruling makes clear that key money paid to someone other than the landlord cannot offset rent. Camille must pay the market rent without deduction. She should immediately review her lease to confirm the rent review mechanism and, if needed, hire a surveyor to assess the true market rent. In future acquisitions, she should factor key money as a sunk cost, separate from ongoing rent obligations.