The enumeration of Articles 2240, 2241

Application pratique:

Pursuant to the Court of Cassation's ruling of 25 January 2023 (No. 21-20.009), mere notification of the preliminary statement under Article R. 145-23 of the Commercial Code does not interrupt the limitation period unless the dispute is eventually brought before the commercial rent judge. To preserve your right to claim the increased rent, you must initiate proceedings before the juge des loyers commerciaux before April 2026. Do not rely on the statement alone; set a reminder to commence legal action well within the two-year window.

Application pratique:

The 2023 decision clarifies that a preliminary statement interrupts the limitation period only if the matter is later referred to the commercial rent judge. If you do not file with the juge des loyers commerciaux within two years from the renewal date (by September 2027), your contestation risks being time-barred. To secure your right to challenge the rent increase, you must lodge proceedings with the court before the deadline; merely exchanging statements is insufficient.

Application pratique:

The case law emphasises that service of a mémoire préalable only interrupts the limitation period when a dispute is actually brought before the commercial rent judge. As the buyer, you must confirm whether court proceedings have been initiated; if not, the limitation clock may still be running. To protect your position, ensure that either the seller or you file with the juge des loyers commerciaux before the applicable two-year limitation expires, otherwise the right to revise the rent could be lost after the purchase.