The owner can rely on

This decision sheds important light on your property law. Here is what it means for you.

The situation

The landlord can rely on all breaches of the lease whether committed by the tenant or the manager introduced by the tenant onto the premises. Violates Article 1134 of the Civil Code, the Court of Appeal which, to dismiss the ground for refusal to renew a commercial lease based on the change of use of the premises, held that the tenant had, by suing the manager, taken steps to cease the breach within the period specified in the formal notice, while noting that this breach had not actually ceased within that period.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory appeal deadlines
• Keep all your supporting documents (deeds, instruments, letters)
• Plan ahead: preventive advice always costs less than litigation

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