Failure to Pay the Occupation Indemnity

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Failure to pay the occupation indemnity substituting for rent, by a tenant who has remained in the premises upon expiry of the commercial lease, constitutes a breach of the tenant's principal obligation, the tenant being maintained in the premises under the terms and conditions of the contract, and may justify judicial termination of the lease and forfeiture of the right to an eviction indemnity.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Comply strictly with the statutory time limits for legal remedies
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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