Reference decision: cc • N° 63-12.765 • 1965-05-24 • View the decision →
This decision provides important clarification on your real estate law. Here is what it changes for you.
The situation
IT FOLLOWS FROM ARTICLE 7 OF THE DECREE OF 30 SEPTEMBER 1953, AS AMENDED BY THE ACT OF 30 JULY 1960, THAT WHERE THE LANDLORD, AFTER REFUSING RENEWAL OF THE LEASE, DECIDES TO RENEW IT, THE NEW LEASE SHALL TAKE EFFECT FROM THE DAY OF NOTIFICATION TO THE TENANT OF THE RETRACTION; THIS PROVISION APPLIES TO PROCEEDINGS INSTITUTED AFTER THE RETRACTION, FOR THE PURPOSE OF FIXING THE CONDITIONS OF THE NEW LEASE, EVEN IF SUCH PROCEEDINGS, STILL PENDING, WERE COMMENCED BEFORE THE PUBLICATION OF THE AFOREMENTIONED ACT.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously respect the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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