Reference decision: cc • N° 77-12.115 • 1979-01-17 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The tenant, who submits to the notice to quit offering an eviction indemnity, does not leave the premises voluntarily, as no provision requires him to remain there, and the right of withdrawal can no longer be exercised once the tenant has lawfully left the premises after refusal of renewal. The trial judges have sovereign discretion to assess the lawfulness of the tenant's departure after this refusal.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, letters)
- Plan ahead: preventive advice is always cheaper 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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