Enforcement of payment of eviction indemnity

II Enforcement of payment of eviction indemnity** A Debtor of eviction indemnity** A Debtor of eviction indemnity** A Debtor of eviction indemnity

**A Debtor of the eviction indemnity** (in French)
1268 The obligation to pay eviction compensation is incumbent on the party who issued the notice to vacate without a proposal for renewal. Thus, if the property is transferred after the notice has been issued, the obligation to pay the indemnity rests with the previous owner (Cass. 3e civ,
April 5, 2011, n° 10-18.241 : JurisData n° 2011-018848; 2011, n° 300, p.
E Chavanac). This obligation may be modified by a stipulation to the contrary in the deed of sale (Cass. 3e civ., 29 nov. 2005, n°
04-17.723; JurisData n° 2005-031059; – Cass. 3e civ., March 5, 2008, n°
06-19.237; JurisData n° 2008-043005; JCP E 2008, 1137, obs. R. Marty).
In the event of dismemberment of ownership, the new buyer is not necessarily jointly and severally liable with the usufructuary of the property for payment of the eviction indemnity (Cass. 3e civ., 16 déc. 2019, n°
18-26.182; Publi.Loyers et copr. 2020, comm. 22, note E. Chavanac; JCP N 2020, 1126, note D.

**B Creditor of the eviction indemnity** (in French)
1269 The beneficiary of the eviction indemnity is the tenant or the transferee who has acquired the business subsequent to the notice.
The transfer of a business entails the transfer of the eviction indemnity due by the assignor, as well as the right to maintain occupancy of the premises under article L. 145-28 of the French Commercial Code (Cass. 3e civ., April 6, 2005, no. 01-12.719; Bull. civ. 2005, III, no. 84).

**C Precondition of payment of eviction indemnity for restitution of premises**.
1270 Sequence of events. Legislation structures tenant protection right up to the terminal phase of the parties’ interactions, establishing a protective sequence authorizing the tenant to return the keys to the lessor after payment of the eviction indemnity.

**D Payment to the evicted tenant or to a receiver** (in French)
1272 Payment may be made either directly to the evicted tenant or to a receiver. Although direct payment to the tenant is the simplest mechanism, it is rarely used in practice, as the use of a receiver offers additional assurances to the lessor for the recovery of the premises, which direct payment does not guarantee.

**E Appointment of a sequestrator**
1273 Agreement or disagreement of the parties. A receiver may be appointed by mutual agreement between the parties or by court order.

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