Reference decision: cc • N° 92-16.777 • 1994-04-07 • View decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The time limit for the tenant to vacate the premises runs from payment by the landlord of the indemnity into the hands of the tenant or an escrow agent, the penalty of 1% per day of delay being payable, after formal notice, in the event of failure to hand over the keys on the first day of the usual quarter day following expiry of a fifteen-day period. The judge, when setting the amount of this penalty, payable pursuant to Article 20 of the Decree of 30 September 1953, does not have to take into account the period provided for by Article 32 of that decree for the exercise of the landlord's right of withdrawal.
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 your 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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