Facts
On 31 January 1990, the spouses [A.] acquired a building located in Renens. By contract signed on 25 November and 1 December 1992, they leased to X. SA a deposit located in this building, for a monthly net rent of 1,800 fr.
On 15 December 1993, the spouses [A.] assigned to bank Y. (currently: bank [Z.]) the rents paid by X. SA, in order to guarantee a mortgage loan granted by this banking institution. The assignment would have been activated in 1995.
On 29 September 1997, Mr. [A.] was declared bankrupt. His wife and he were also subject to a lawsuit for realization of an immovable mortgage initiated by [Z.], which requested the official administration of the building located in Renens.
The spouses [A.] sued X. SA before the Rent Tribunal of the canton of Vaud in order to obtain payment of 28,800 fr., plus interest, as arrears of rent from 1 June 1997 to 30 September 1998, as well as the lifting of the opposition formed by the defendant to the payment order related thereto.
The defendant contested the active legitimation of the plaintiffs. The instruction of the case was limited to this question.
On 15 May 2001, [Z.] sent a letter to the plaintiffs' counsel containing the reassignment of rent claims to Mrs. A.
Considerations
The question of active legitimation must be examined at the close of the instruction. The reassignment of the claim that occurred on 15 May 2001 conferred active legitimation on the plaintiff with regard to the disputed claims.
The assignment of a claim is a bilateral disposition act based on the reciprocal and concordant manifestation of the will of the assignor and the assignee. The reassignment is valid and transferred the rent claims to the plaintiff.
However, the bankruptcy of Mr. [A.] restricted the scope…