No tenant who can claim to

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

The situation

No tenant who can claim an eviction indemnity may be forced to leave the premises before having received it, and until payment of that indemnity, he has the right to remain in occupation under the terms and clauses of the expired contract. The decision that dismisses a tenant, recipient of a notice with refusal to renew and an offer of eviction indemnity prior to the compulsory liquidation of the lessor, from his liability action against the lawyer who omitted to file proof of his eviction indemnity claim in the lessor's bankruptcy estate violates Articles L. 145-28 of the Commercial Code and Article 1147 of the Civil Code, whereas, as a result of the extinction of that claim, he was deprived of the right to receive the indemnity and could no longer rely on the right to remain in occupation.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with the legal time limits for bringing an appeal or claim
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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