Violates Articles L

Application pratique:

Under Articles L. 145-15 and L. 145-38 of the French Commercial Code, the right to a triennial rent review is mandatory and cannot be waived by contract, as confirmed by the Court of Cassation on 30 January 2002. The tenant should send a formal notice to the landlord via registered letter requesting review, and if ignored, apply to the district court for a judicial rent reduction. Keep all correspondence and lease documents as evidence.

Application pratique:

The 2002 Court of Cassation ruling confirms that a flat-rate rent agreement does not override the statutory triennial review mechanism. The landlord should serve a formal demand for review (via registered letter), specifying the desired uplift and referencing comparable local rents. If the tenant refuses, the landlord can bring the matter before the competent court, which will determine the revised rent based on market evidence.

Application pratique:

As the new landlord, you acquire all rights under the lease, including the non-waivable right to triennial review under Article L. 145-38, as reaffirmed by the 2002 decision. Immediately send a registered letter to the tenant formally requesting rent review, accompanied by evidence of market rents (e.g., recent lettings, expert survey). If the tenant does not comply, engage a French real estate lawyer to commence legal proceedings; the court will disregard the flat-rate clause and set a new rent.