Eviction compensation: can you increase your claim on appeal?

Imagine: you are a shopkeeper in Brive-la-Gaillarde, in premises you have rented for ten years. Your landlord gives you notice to sell the building and offers you eviction compensation of 13,000 francs. You consider this amount derisory: your goodwill is worth much more. You bring proceedings, claiming 50,000 francs. The court awards you 30,000. You appeal, but this time you claim 80,000 francs, because in the meantime the value of the business has increased. Your landlord cries new claim, inadmissible on appeal. Who is right?

This seemingly ordinary question was decided by the Court of Cassation in a judgment of 18 March 1970 (No. 68-13.095). The High Court said: a claim which, on appeal, is merely the development of the original claim is not new. In other words, a tenant may perfectly well increase their eviction compensation claim on appeal without falling foul of the prohibition on new claims.

But what exactly does this change? And how can you avoid ending up in a dead end? I will explain everything, with concrete examples drawn from my practice in Limoges and the region.

The facts: a story like so many everyday

Mrs Y is a tenant of commercial premises used for business, located within the jurisdiction of the Limoges Court of Appeal. Her landlord, Mr X, owner in Isle, serves her notice and offers her eviction compensation of 13,000 francs, with interest from the date of the claim. Mrs Y disagrees: she believes the compensation should be calculated on the value of the leasehold premium (i.e., the value of the leasehold right, often very high in commercial areas). She therefore sues Mr X before the Tribunal de Grande Instance to have the compensation fixed.

At first instance, she claimed a certain sum. The court gave judgment. Dissatisfied, Mrs Y appealed. Before the Court of Appeal, she increased the amount of her original claim. Mr X objected that this claim was new and therefore inadmissible on appeal. The Limoges Court of Appeal, following Mrs Y's reasoning, declared it admissible. Mr X appealed to the Court of Cassation.

The appeal was dismissed. The Court of Cassation stated the principle: 'A claim made on appeal which arises from the main action and is merely its continuation and development cannot be considered new.' In other words, as long as the claim on appeal stems from the same dispute (the fixing of the eviction compensation), it is admissible, even if the amount is increased.

The reasoning of the court — dissected

To understand, we must return to procedural law. Article 564 of the Code of Civil Procedure (old, but the principle remains) prohibits new claims on appeal, subject to exceptions. The idea is to prevent the appeal from becoming a second first instance where everything can be reopened. But case law has relaxed this rule: a claim that is ancillary, consequential, or a necessary complement to the original claim is admissible.

Here, Mrs Y's original claim was the fixing of eviction compensation. On appeal, she claims more, but it is still the fixing of eviction compensation. It is the same action, the same subject matter. She is merely re-evaluating the quantum (amount). The Court of Cassation validates this: it is not a new claim, but the development of the main action.

What few people know is that this solution protects the tenant who, between the first instance and the appeal, sees the value of their business increase (for example, due to works or market changes). It also prevents dilatory tactics by the landlord who might try to limit compensation by playing on procedure.

undefined, I have come across cases where the landlord, in Brive, refused to negotiate seriously at first instance, hoping the tenant would not dare to increase their claim on appeal. This judgment reminds them that the tenant can adjust their claim without fear.

What this means for you — concretely

For the commercial tenant: you may, on appeal, claim higher compensation than that claimed at first instance, provided it remains within the scope of the same action (fixing of eviction compensation). Example: you claimed €50,000 at first instance, the court awarded you €30,000. On appeal, you can claim €80,000 if the value of your business has increased. However, beware: if you change the basis entirely (e.g., you claimed compensation for loss of clientele and suddenly claim compensation for reinstatement works), that is a new claim and inadmissible.

For the landlord: you must factor this risk into your strategy. If you consider the compensation claimed excessive, you must contest it on the merits, not on admissibility on appeal. It is better to negotiate a settlement at first instance to avoid an increase on appeal. In Isle, a landlord had to pay an extra €20,000 because he refused all discussion before the judgment.

For the purchaser of the building: if you buy a let property, be aware that the tenant may still increase their compensation on appeal. Check if proceedings are ongoing and provision for the risk.

Four tips to avoid this type of dispute

• Negotiate from the notice: do not wait for trial. If you are a landlord, offer a realistic compensation based on a joint expert appraisal. If you are a tenant, instruct an expert as soon as you receive the notice to assess your loss.
• Keep evidence of changes in value: if you increase your claim on appeal, bring new evidence (expert report, nearby business transfer, turnover changes).
• Draft precise submissions from the first instance: to avoid any debate on the newness of the claim, frame your claim broadly (e.g., 'primarily, fix eviction compensation at €X, alternatively at €Y').
• Consult a lawyer lawyer: eviction procedure is technical. A lawyer will help you quantify correctly and meet deadlines (appeal must be lodged within one month of judgment for commercial leases).

Further reading: related case law and developments

The 1970 solution has been consistently reaffirmed. For example, the Court of Cassation (Civ. 3e, 22 March 2006, No. 04-20.034) held that the claim for eviction compensation may be increased on appeal provided it rests on the same legal basis. Similarly, in a judgment of 10 September 2015 (No. 14-18.543), the Court specified that even if the amount claimed on appeal is much higher, it does not make the claim new if it arises from the same cause.

However, this freedom is not absolute. If the tenant changes the basis (e.g., they claimed eviction compensation and on appeal claim damages for disturbance of enjoyment), the claim will be inadmissible. Courts tend to check whether the subject matter and cause are identical. In practice, as long as you stay within the fixing of eviction compensation, you are safe.

For the future, the reform of appeal procedure (Decree of 11 December 2019) has reinforced the requirement to concentrate claims. But the principle of the 1970 judgment remains applicable: a mere increase in quantum is not a new claim.

In practice: what to do

FAQ

Q: Can I increase my eviction compensation claim on appeal?
A: Yes, if you remain within the same action (fixing of compensation). You must simply show that the increase is justified by new elements or a better valuation.

Q: What should I do if my landlord offers too low compensation?
A: Refuse by registered letter, then sue for fixing of compensation. If the judgment does not satisfy you, appeal and do not hesitate to increase your claim with an updated expert report.

Q: What are the time limits for acting?
A: The notice with offer of compensation must be served at least 18 months before the effective date. The claim must be served within 2 years of the notice. Appeal must be filed within one month of notification of the judgment.

Q: How much does an eviction procedure cost?
A: Expect between €3,000 and €10,000 in lawyer's fees at first instance, plus expert fees (€1,500 to €5,000). On appeal, add €2,000 to €5,000.

Q: Can I claim interest on the compensation?
A: Yes, statutory interest runs from the date of the claim if you request it. In our judgment, interest was due from the date of the claim.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) may save you months of proceedings — and often much more. Book an appointment →