Priority Preliminary Ruling on Constitutionality

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

The situation

In the event of a significant change in the elements listed in 1° to 4° of Article L. 145-33, the rent variation rate over a period not exceeding nine years may not exceed the change that has occurred since the initial fixing of the commercial rent referred to in the first paragraph of Article L. 112-2 of the Monetary and Financial Code, as published commercial indices, calculated over the nine-year period prior to the last published index, upon tacit renewal, clearly does not discriminate among commercial tenants.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly adhere to the statutory time limits for bringing proceedings
• Keep all your supporting documents (deeds, contracts, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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