Law No. 86-12 of 6 January 1986

Application pratique:

The 1992 decision confirms that Law 86-12 of 6 January 1986 applies immediately to ongoing lease situations. Because the 1985 agreement was not definitively concluded (the lease continues), the tenant can request a rent revision under the 1986 law. The earlier acceptance of a lower rent does not prevent this. The tenant should send a formal request to the landlord citing the law and this case, and if refused, apply to the rent tribunal (juge des loyers commerciaux) for a reassessment based on current rental value.

Application pratique:

Under the precedent set by the Court of Cassation, a landlord cannot rely on a pre-1986 agreement to block the application of the new law if the lease was not definitively concluded. Since the lease is ongoing, the 1986 law immediately governs its effects. The landlord should check if the tenant's request is within legal deadlines and, if necessary, prepare to negotiate or provide updated evidence of the current rental value in court. The previous acceptance by the tenant does not create a binding 'judicial contract' that overrides statutory provisions.

Application pratique:

The 1992 ruling clarifies that a tenant's previous acceptance of a rent set according to rental value does not definitively fix the rent under the new legal framework. Because the 1986 law applies to ongoing leases, the doctors can challenge the increase by requesting a judicial determination of the rent according to the new criteria. They should gather all lease documents and correspondence, then engage a lawyer to file a claim with the commercial rent court. The key is that the law changed the rules mid-lease, and unfinished rent-setting processes can be revisited.