Termination of Lease Not Justified Where Neighbour Disturbances Did Not Persist

This decision provides important clarification for your property law. Here is what it changes for you.

The situation

The Court of Appeal, assessing, as it is empowered to do, the situation as at the date of its judgment, and finding that the alleged neighbour disturbances did not persist, holds, in the exercise of its unfettered discretion, without granting the tenant impunity or denying the seriousness of the facts, that the tenant's personal liability and his liability for the acts of other persons who came to his home do not justify ordering the termination of the lease.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly observe the legal time limits for appeals
• Keep all your supporting documents (title deeds, acts, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.