The wrongful conduct of the lessor does not preclude the application of Articles L. 145-29 and L. 145-30 of the French Commercial Code where the statutory conditions for the retention of the security deposit by the escrow agent are met, the award of damages being the only means of penalising such conduct

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

The situation

The wrongful conduct of the lessor does not preclude the application of Articles L. 145-29 and L. 145-30 of the French Commercial Code where the statutory conditions for the retention of the security deposit by the escrow agent are met, the award of damages being the only means of penalising such conduct.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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