Reference decision: cc • No. 68-12.163 • 1970-04-09 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Where a landlord has paid the amount of the eviction indemnity into the hands of an escrow agent, while simultaneously objecting on account of works incumbent upon the tenant, the courts, seised of a claim for the return of the premises to the landlord's disposal, are obliged to investigate whether the objection is justified, even if they are not specifically seised of that question.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal time limits for appeals
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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