A legal entity unable to reside

Application pratique:

Under the 2002 decision, a company cannot reside 'in a bourgeois manner' (i.e., occupy a property as a personal home). The lease must explicitly name the natural person(s) authorised to live there—for example, 'employees of the tenant company for the duration of their assignment'—and state that the company itself has no right to occupy. Include a clause requiring immediate notification if the designated occupant changes, and keep signed occupancy declarations from each occupant to avoid disputes. This protects your right to regain possession if the flat is misused.

Application pratique:

Because a legal entity (company) cannot personally reside in a flat, the CEO must be formally designated in the lease as the approved occupant. The startup should immediately request a written amendment to the lease, adding the CEO as the authorised natural person, and provide a copy of the 2002 court ruling to the landlord to clarify the legal basis. Failing this, the landlord could seek termination of the lease and eviction. Going forward, always detail the occupant's name and role in any future residential lease signed by a company.

Application pratique:

The 2002 ruling confirms that a corporate tenant must grant enjoyment to a specific natural person representative—not operate a de facto short-term let. The co-owners' association can formally demand the company disclose the designated occupant and produce a signed occupancy agreement. If the flat is being used as an unlicensed transient accommodation, the association may bring a court action for breach of the 'residential only' covenant, relying on this case law to argue the company has no right to occupy itself and is misusing the lease. Gather evidence (witness logs, entry records) before taking legal steps.