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Application pratique:

The Cour de cassation (France's highest civil court) held on 12 July 2018 (no. 17-20.696) that a fire starting in a unit let by the landlord, with an unknown cause, is not a 'cas fortuit' (an unforeseeable accident that would excuse the landlord). The landlord therefore remains liable to the florist, because a landlord must guarantee all tenants the peaceful enjoyment of the premises. The landlord should notify their building insurer at once, keep the fire brigade report and the leases, and not refuse compensation merely because the cause is unknown. They should also check that their policy covers 'recours des locataires' (claims by tenants).

Application pratique:

Following the Cour de cassation's decision of 12 July 2018 (no. 17-20.696), an unexplained fire is not treated as an unforeseeable accident that frees the landlord from liability. The tenant can therefore send the landlord a registered letter with acknowledgement of receipt, claiming compensation, and enclose a detailed inventory with receipts, photographs and the fire report. The tenant should also tell their own home insurer within five working days, as the policy usually requires, so that both insurers can handle recovery between themselves. If the landlord refuses, a lawyer can bring a claim before the tribunal judiciaire (the main civil court) well within the limitation period of five years.

Application pratique:

The landlord should point out that, under the Cour de cassation's ruling of 12 July 2018 (no. 17-20.696), a fire of undetermined cause that began in premises let by the landlord does not count as a 'cas fortuit' (unforeseeable event). The landlord cannot escape liability toward the neighbouring tenant simply by saying the cause is unknown. The landlord should therefore ask the insurer to handle the claim rather than resist it, and should gather the leases, the building's electrical inspection certificates and the expert's report. Where the cause truly cannot be found, the landlord should also consider seeking a share of the cost from the start-up's insurer if a fault on its side can later be proved.