Question juridique clé
Who bears the burden of proof for abusiveness of the initial rent when the landlord relies on local comparable rents in the official form for an old building?
Solution extraite
The tenant bears the burden of proving that the initial rent is abusive; the landlord must cooperate with counter-evidence, but the tenant must establish abusiveness.
Motifs extraits
Because the old-building exception reverses the priority of absolute rent criteria, the debate is confined to comparable rents. Under Art. 8 CC and the norm theory, abusiveness is a diriment fact that must be proven by the tenant. The landlord must assist with proof, but the burden remains on the tenant.