Judgment of the Court of Cassation, 3rd Civil Chamber, 7 June 2023, No. 22-20.114
A Judgment Clarifying the Lessor's Obligations
On 7 June 2023, the third civil chamber of the Court of Cassation delivered a significant decision concerning discrimination in the context of residential leases. In the case adjudicated, a lessor had refused to lease his apartment to a foreign national on the grounds that the latter did not hold a sufficient residence permit. The Court held that this refusal was discriminatory, as nationality or administrative status cannot justify unfavourable treatment in the absence of an express legal provision.
Facts and Procedure
A landlord had signed a preliminary sale agreement with a foreign purchaser, then withdrew, citing a lack of sufficient guarantees. The purchaser initiated legal proceedings and prevailed on appeal. The Court of Cassation dismissed the lessor's appeal, confirming that a refusal to let based on nationality or residency status is contrary to the principle of non-discrimination.
Legal Basis of the Decision
The Court relies on Article 1 of Law No. 89-462 of 6 July 1989 (the law on landlord-tenant relations), which prohibits any discrimination based on origin, nationality, or family situation. It also recalls Article 225-1 of the Criminal Code, which penalises discrimination. In the present case, the lessor failed to demonstrate that the tenant presented any particular risk linked to his status as a foreigner.
Implications for Foreign Landlords
This decision is particularly important for non-resident foreigners, expatriates, or non-EU nationals wishing to purchase or lease property in France. It affords them protection against abusive refusals and enables them to assert their rights.
Rights of Foreign Tenants
- Non-discrimination: The lessor may not refuse to let on grounds of nationality, place of residence, or type of residence permit.
- Obligation to provide reasons: Any refusal must be justified by objective and legitimate grounds (insolvency, conduct, etc.).
- Legal recourse: In the event of discrimination, the tenant may apply to the judicial court for damages and the annulment of the refusal.
Precautions for the Lessor
To avoid any risk of liability, the lessor must:
- Assess the tenant's solvency without regard to nationality (requirement of guarantees, surety, etc.).
- Comply with declaratory obligations (Article 3 of the Law of 6 July 1989).
- In case of doubt regarding administrative status, consult a lawyer lawyer.
Jurisprudential Analysis and Legal References
The decision of 7 June 2023 forms part of a line of case law protecting foreigners. Notable examples include:
- Cass. 3rd Civ., 10 March 2016, No. 15-10.009: refusal to let to a foreigner without a stable residence permit is discriminatory.
- Cass. 3rd Civ., 12 July 2018, No. 17-18.456: nationality cannot constitute grounds for termination of a lease.
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From a fiscal perspective, Article 164 C of the General Tax Code requires non-residents to appoint a tax representative, but this does not constitute a restriction on letting.
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Conclusion
The judgment of 7 June 2023 serves as a reminder that the right to housing is a fundamental right, independent of nationality. Foreign landlords must exercise vigilance and seek the assistance of a competent lawyer to avoid any discrimination and secure their investments.
