A clause in the lease allowing at its

This judgment sheds important light on your property law. Here is what it changes for you.

The situation

A clause in the lease allowing, upon its expiry, the accession of improvements made by the tenant, the Court of Appeal correctly held that if, under Article 23-3, paragraph 2, of the Decree of 30 September 1953, the landlord had not been able, upon the first renewal, to claim the setting of the new rent on the basis of the rental value, the conditions for calculating rents on that basis were met, given the postponement of the effects of accession, for the second renewal following the period in which the improvements were made.

What the law says

This judgment confirms the fundamental principles of property law.

Points to remember

• Scrupulously respect the statutory limitation periods for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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