Commercial lease: limitation period inapplicable after a notice to quit accepted

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

The situation

INTERPRETING THE COMMON INTENTION OF THE PARTIES, THE COURT OF APPEAL, WHICH FOUND THAT PRIOR TO THE DECREE OF 30 SEPTEMBER 1953, THE LESSOR AND THE LESSEE OF A COMMERCIAL LEASE AGREED TO TERMINATE IT AFTER SERVICE OF A NOTICE TO QUIT AND TO REPLACE IT WITH A PRECARIOUS OCCUPATION AGREEMENT, WAS ABLE TO DECLARE THE TWO-YEAR LIMITATION PERIOD PROVIDED FOR IN ARTICLE 33 OF THE SAID DECREE INAPPLICABLE TO THE EVICTION PROCEEDINGS BROUGHT BY THE LESSOR AFTER THE PUBLICATION OF THE DECREE AND TO GRANT THAT ACTION, SINCE IT RECOGNISED, RIGHTLY, THAT THIS AGREEMENT WAS "PERFECTLY VALID", NO SUBSEQUENT TEXT ALLOWING "THE NULLIFICATION OF A LEGAL SITUATION" TO WHICH THE LESSEE HAD FREELY CONSENTED, AND THAT BY REASON OF THE NATURE OF THE SAID AGREEMENT WHICH WAS NOT GOVERNED BY THE DECREE OF 30 SEPTEMBER 1953, NONE OF THE PROVISIONS OF THAT DECREE COULD IN THIS CASE BE APPLIED BY JUDGES WHOSE JURISDICTION HAD, MOREOVER, NOT BEEN CONTESTED BY THE LESSEE.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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