The Sub-tenant Cannot Validly...

Application pratique:

The Court of Cassation ruling confirms that any waiver of a sub-tenant's renewal right signed before expiry of the main lease is void. The café owner should refuse to sign, as doing so would not be legally binding and they would still be entitled to seek renewal at the appropriate time. They should instead wait until the main lease nears its end and then exercise their statutory right to request renewal directly from the main tenant.

Application pratique:

This case law makes it impossible for the main tenant to obtain a valid waiver before the main lease expires. Any such agreement would be unenforceable, so the sub-tenant would still have the right to demand renewal later. The main tenant must wait until the legal timeframe for renewal notices (usually at least six months before the main lease ends) and then follow formal procedures, or negotiate a new arrangement at that point if the sub-tenant is willing.

Application pratique:

According to the ruling, sub-tenants cannot validly waive their right to renewal before the head lease expires. Any waivers signed now would be null and void, so the sub-tenants retain their legal protection. The landlord must respect the sub-tenants' rights and cannot circumvent the statutory renewal process; they should either negotiate genuine buyouts close to the expiry date or wait for the proper notice period to oppose renewal on permissible grounds.