The bad faith of the evicted tenant,

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The bad faith of the evicted tenant, inferred from breaches of the lease terms, cannot be raised 'as a defence' to a claim for damages brought under article 60 of the Act of 1 September 1948, where it has not given rise to an action for termination or for forfeiture of the right to remain in the premises.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously comply with the statutory time limits for appeal
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than a dispute

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.