Key legal question
Who bears the burden of proving abusiveness when the landlord invokes market rent in the official form for an initial-rent challenge in an old building?
Extracted holding
The tenant bears the burden of proving that the initial rent is abusive; the landlord must collaborate in taking evidence, but the burden of proof remains with the tenant.
Extracted reasoning
Under Art. 8 CC and the norm theory, abusiveness is a defeating fact. The landlord's mention of market rents in the official form fixes the debate, but does not shift the burden. In old buildings, if comparable rents cannot be established and no other criterion is invoked, the challenge fails only if abusiveness is not proven.