When premises are let under a lease

This decision provides important insight into your property law. Here is what it changes for you.

The situation

When premises let under a commercial lease are located in a building subject to the co-ownership regime, except during the time when force majeure would prevent him from fulfilling his obligations, the lessor is required to carry out the works incumbent upon him in the private areas of the leased premises. The steps taken by the lessor to obtain from the co-owners' association the cessation of a disturbance originating in the common areas of the building do not release him from his obligation to guarantee the quiet enjoyment of the leased premises. Therefore, when a defect arises during the lease term, falling within one of the lessor's obligations, which the tenant was, due to the circumstances, alone able to observe, the lessor must compensate him for his loss of enjoyment from the day on which he was informed of it until its cessation

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• 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.