Since the landlord has notified a

Application pratique:

This case law confirms that serving a mémoire after an expert report, before the judge rules, interrupts the limitation period under Article L. 145-60 of the Commercial Code. Your action remains admissible as long as you notify the mémoire promptly after the report. Immediately prepare a detailed mémoire attaching the expert's valuation, serve it on the tenant, and file it with the court without delay to secure your rent increase.

Application pratique:

The Court of Cassation decision makes clear that the landlord's action is admissible because they interrupted limitation by serving the mémoire after the expert report. Your time-limitation defence will likely fail. Now focus on the merits: instruct your own surveyor to prepare a counter-expertise on market rents, and submit a counter-mémoire with evidence supporting a lower rent, ensuring you respond within the court's deadlines.

Application pratique:

This ruling confirms that the seller's action is admissible because the mémoire interrupted the limitation period. To protect your investment, verify that the mémoire was properly served and the expert report exists. Insert a clause in the purchase agreement transferring the benefit of the ongoing proceedings to you, and consider seeking an assignment of the right to continue the action to secure the higher rent for your future income.