The request for rent review made

Application pratique:

The Cour de cassation ruling (No. 80-14.546) treats the new owner's rent review application as an exercise of the 'right of repentance' under Article 32 of the 1953 Decree. This means the eviction notice is effectively withdrawn, and you are entitled to remain in the premises under a new lease at the reviewed rent. Do not vacate the premises; instead, formally accept the rent review process while negotiating the new rent and terms, as the law now sees you as a continuing tenant, not one being evicted.

Application pratique:

According to this case law, your rent review application automatically constitutes a 'right of repentance', cancelling the eviction notice and obliging you to offer a new lease. You must immediately withdraw any eviction proceedings and instead negotiate a new lease with the tenant. To avoid unintended legal consequences, always request a complete history of any notices served on tenants before purchasing, and consult a property lawyer before taking action that could be interpreted as a repentance.

Application pratique:

Inform the buyer explicitly that any post-sale rent review application will be legally treated as a repentance, retracting your eviction notice. The buyer should be advised to handle the rent review before completing the purchase if they wish to avoid inheriting a potential eviction dispute. Also, ensure the sale agreement addresses who bears the cost of any outstanding eviction indemnity if the repentance occurs after transfer, as the tenant may still claim it from the previous owner.