Even if you inhabit a ruin, you must compensate the owner

The bad condition of the building is not an argument for the exemption of someone who uses it alone, privately, from the compensation of other owners, the Court of Cassation decided (Cass. Civ 1, 27.3.2024, X 22- 14.552). After the inheritance, the two heirs argued over the use of the apartment. The one who did not benefit from it reproached the other for using it himself without compensating him.

Initially, the court dismissed the case, stating that the rental value of the building was zero due to its state of disrepair. There was no rent to be earned from it, as everything that was dilapidated, worn out and unsanitary supported the occupants of the premises. Regardless of the state of the apartment, whether it can or cannot be offered for rent on the market, the fact remains that one of its owners lives in it alone and must compensate the others, the judges decided.

Be the only one with the keys

In January 2015, the Court specified that in order for this user to cease to be liable for compensation, he must prove that he made the premises available to other co-owners. And compensation is payable when it is likely that only one person will benefit from the property, for example by having the keys themselves, whether or not they benefit from it, she clarified in March 2016.

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