Reference decision: Cass. • No. 23-23.834 • 2025-10-16 • View decision →
This decision sheds important light on your real estate rights. Here is what it changes for you.
The situation
The final paragraph of Article L. 145-34 of the French Commercial Code, which provides for the spreading of the rent increase resulting from the removal of the cap, only applies in the event of a material change in the first four factors of the rental value or where the lease term is contractually more than nine years, and not to nine-year leases that have continued, by tacit renewal, for more than twelve years.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal deadlines for bringing claims
- Keep all your supporting documents (title deeds, deeds, letters)
- Be proactive: 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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