La résiliation du bail en raison des

Application pratique:

Under this 1977 Cour de cassation ruling, a landlord does not need to prove financial or material harm to obtain termination of the lease for breach of its terms by the tenant - the breach itself is sufficient grounds. The landlord should formally document each breach (dated letters, bailiff's reports if needed) and send a 'mise en demeure' (formal notice to remedy) before applying the lease's resolutory clause or seeking judicial termination. Absence of damage is not a valid defence for the tenant, so the landlord should proceed to court or invoke the clause without waiting to quantify a loss. Legal advice is recommended to check the lease contains a valid resolutory clause and that notice procedures were correctly followed.

Application pratique:

This case law confirms that a tenant's argument - 'no harm, no termination' - will not succeed before a French court, since breach of lease obligations alone justifies termination regardless of prejudice. The tenant should, as soon as a formal notice is received, undo the unauthorised works or seek retroactive written consent from the landlord to cure the breach before any hearing. Tenants should always keep copies of any request for authorisation sent to the landlord, as this can be decisive evidence of good faith. Consulting a lawyer before the hearing is strongly advised, as defending solely on absence of damage will not prevent termination.

Application pratique:

Although this 1977 decision concerns a lease rather than co-ownership, its underlying principle - that sanctioning a contractual breach does not require proof of prejudice - is routinely applied by analogy to breaches of co-ownership rules in French case law. The syndic (managing agent) or any co-owner can bring an action before the tribunal judiciaire to compel compliance or stop the unauthorised activity, without needing to demonstrate a drop in property value or actual disturbance. Co-owners should first convene a general meeting to formally record the breach and instruct the syndic to send a formal notice, then escalate to litigation if the breach continues. Keeping minutes, photographs, and copies of the co-ownership rules on file strengthens any future court action.