Eviction compensation: watch out for the 2-year limitation period from the notice

Imagine a shopkeeper in Porto-Vecchio who receives a notice from his landlord with an offer of eviction compensation. He thinks he has all the time in the world to negotiate the amount, or wait for the result of an expert assessment. Serious mistake: the Court of Cassation has just reminded that the time limit to claim payment of the compensation is two years from the effective date of the notice, and that a simple expert assessment requested by the landlord is not enough to interrupt the limitation period if the tenant does not expressly join it.

The facts: a story like many others

Yvette owns commercial premises in Ajaccio. She gives notice to her tenant, the company Vavintel, refusing renewal and offering to pay eviction compensation. The tenant does not leave and continues to pay an occupation fee. Yvette, wishing to have the amount of the eviction compensation assessed, applies to the interim relief judge on the basis of Article 145 of the Code of Civil Procedure (which allows a pre-trial investigative measure to be requested) to obtain a court-ordered expert assessment. The tenant does not oppose this request but makes no counterclaim. The expert is appointed. Later, Vavintel claims Yvette on the merits for payment of the eviction compensation. But Yvette raises the two-year limitation period under Article L. 145-60 of the Commercial Code. The court rules in Yvette's favour: the claim is time-barred because the two-year period ran from the effective date of the notice, and the tenant did not interrupt the limitation by expressly joining the request for an expert assessment. The Court of Appeal confirms. Vavintel appeals to the Court of Cassation.

The court's reasoning — broken down

The Court of Cassation, in its decision of 12 February 2026, dismisses the tenant's appeal. It recalls that, under Article L. 145-60 of the Commercial Code, the action for payment of eviction compensation is subject to a two-year limitation period running from the effective date of the notice. In other words, the tenant has two years from the day the notice takes effect (for example, the last day of the calendar quarter) to bring a claim for payment of the compensation. Next, the Court specifies that, to benefit from the suspensive effect of the limitation period attached to an investigative measure (such as an expert assessment), the tenant must expressly join the request for an expert assessment or present, even subsidiarily, a request to supplement or modify the expert's terms of reference. In short, if the landlord alone requests the expert assessment and the tenant remains passive, that expert assessment does not stop the limitation clock. In this case, Vavintel had not made a counterclaim nor asked the expert to assess the eviction compensation; it therefore remained inactive. Result: its claim was time-barred.

What this means for you — practically

For tenants: you must act within two years following the effective date of the notice. Do not rely on an expert assessment requested by the landlord to protect you: if you do not join the request (by making observations or requesting a supplementary mission), the limitation period continues to run. Concrete example: a notice effective on 1 January 2024 gives you until 1 January 2026 to sue the landlord for payment of the compensation. If the landlord requests an expert assessment in June 2024 but you remain passive, the deadline still expires on 1 January 2026.

For landlords: this decision is a defensive weapon. If you give notice, note the effective date carefully. If the tenant does not act within two years, you can raise the limitation defence. In Bonifacio, a landlord thus saved €80,000 in eviction compensation by raising the limitation period, because the tenant had waited too long.

For purchasers of commercial premises: check whether a notice has been given and whether the limitation period has expired. This can save you from buying a dispute.

Four tips to avoid this type of dispute

• Note the effective date of the notice upon receipt. It is the starting point of the limitation period. Enter it in your diary with a reminder 6 months before expiry.
• Act without delay. As soon as the notice is received, consult a lawyer to start proceedings on the merits within two years. A claim on the merits interrupts the limitation period.
• In case of an expert assessment, be active. If the landlord requests an expert assessment, make your own requests (for example, ask the expert to assess the eviction compensation). This way, you will be considered as having joined the measure and the limitation period will be suspended.
• Document all exchanges. Keep letters, emails, and expert reports. They may serve to prove that you acted within the time limit.

Further reading: related case law and developments

In an earlier decision (Civ. 3e, 12 May 2021, No. 20-14.287), the Court of Cassation had already held that the starting point of the limitation period for an action for payment of eviction compensation is the effective date of the notice. The 2026 decision confirms this line but adds an important clarification on the suspensive effect of investigative measures. Previously, some tenants thought that any expert assessment interrupted the limitation period. Now it is clear that only active participation by the tenant in the request for an expert assessment can suspend the period. This position is part of a general trend to secure time limits in commercial law, to the detriment of parties who remain passive.

What you absolutely must remember

FAQ:

• What is the time limit to claim eviction compensation? Two years from the effective date of the notice.
• What should I do if the landlord requests an expert assessment? Expressly join the request, for example by requesting an extension of the expert's mission.
• Can I wait for the expert assessment to finish before acting? No, if you are not active, the limitation period continues.
• What happens if the time limit expires? You permanently lose the right to compensation.
• Do I need a lawyer to act? Yes, because the procedural rules are complex and a simple mistake can be fatal.

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