Decision reference: Court of Cassation • No. 11-28.806 • 2014-02-19 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The absence of grounds for a notice of termination with refusal to renew without offer of an eviction indemnity leaves the notice of termination subsisting and the tenant's right to claim payment of an eviction indemnity. Thus, the Court of Appeal that annuls an unmotivated notice of termination and, noting that the lease has continued, dismisses the tenant's claim for payment of an eviction indemnity, violates Articles L. 145-9, L. 145-14 and L. 145-17 of the Commercial Code.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously respect the statutory time limits for appeals.
- Keep all supporting documents (title deeds, deeds, correspondence).
- Plan ahead: preventive advice always costs less than litigation.
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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