Les effets d'une clause d'accession

Application pratique:

Under this 1991 Cour de cassation decision, the effect of an accession clause is postponed to the second renewal after the period in which the works were done. Here the works were done before the first renewal (2018), so the landlord may take the improvements into account when setting the rent only at the second renewal (2027). Mme Laurent should check the lease wording, gather invoices and the landlord's written consent to the works, and ask a lawyer or court expert to confirm whether the 2027 rent can legitimately reflect her improvements. Before that second renewal, she should contest any increase based on the improvements she paid for.

Application pratique:

The case law says the clause takes effect only from the second consecutive renewal after the works. The works were done before the first renewal (2015), so M. Benoît can rely on the clause and set the rent by reference to the rental value, including the improvements, only at the second renewal (2024), not earlier. He should confirm the dates of the works, keep a copy of the lease and any renewal notices, and have a surveyor assess the rental value. He should also serve the renewal or rent-review notice within the legal time limits, preferably through a bailiff (commissaire de justice).

Application pratique:

Mlle Garcia should know that, under this decision, the clause's effect on rent is deferred to the second renewal following the period of the works. Before signing, she should ask the seller's notary for the lease, the renewal history and proof of when the works were carried out, so she can work out when she can value the improvements in the rent. If the next renewal is the second one, the improvements can be counted in the rental value; otherwise she should not build the higher rent into her purchase price or financing plan. A lawyer can check the lease and the timeline before she commits.