The lessee, unless an express condition

Application pratique:

Under this Cassation ruling, unless the lease contains an express clause requiring you to stay, you are not obliged to remain in the premises after the landlord refuses renewal, even before receiving the eviction indemnity. You should formally notify the landlord in writing of your intention to vacate immediately, citing this decision. Keep dated photos and inventory of the premises condition upon departure. You can then pursue your eviction indemnity claim separately without being trapped in the property.

Application pratique:

As a landlord, you cannot force the tenant to stay unless the lease specifically states that the tenant must remain until eviction indemnity is paid. Review the lease now for any such clause; if absent, accept the tenant's departure and do not attempt to block it. Document the condition of the premises immediately to avoid later disputes over dilapidations. You will still owe an eviction indemnity to the tenant, so start calculating it without delay.

Application pratique:

This ruling confirms the tenant had the right to leave before receiving any indemnity, so the departure was lawful unless the lease had an express condition. As the manager, you should immediately gather the lease, any renewal correspondence, and the tenant's departure notice to verify if such a clause exists. If no clause, advise the landlord that the tenant's claim for indemnity is still valid and must be addressed. Prepare a detailed calculation of the eviction indemnity based on the business's turnover and market value, and consider negotiating a settlement to avoid litigation.