Termination of a residential lease

This decision sheds important light on your property law rights. Here is what it changes for you.

The situation

Termination of a residential lease for breach of the obligation to use the rented premises peacefully may only be ordered if it is established that there is a link between the disturbances found and a breach by the tenant of the obligation to use the leased property and its appurtenances peacefully. The Court of Appeal that orders the termination of a residential lease by giving reasons that are insufficient to establish the existence of this link fails to provide a legal basis for its decision under Articles 1 and 7(b) of the Law of 6 July 1989 and Article 1728 of the Civil Code (judgment no. 1, appeal no. 08-12.744).

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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