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Since the removal of the tenant
Droit Immobilier

Since the removal of the tenant

📅 Decision of 29 September 2004🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

Since the tenant's removal from the Trade and Companies Register occurred after the lease expiry date, the landlord cannot deny the tenant the benefit of commercial lease status for lack of registration.

Reference decision: cc • No. 03-13.997 • 2004-09-29 • Consult the decision →

This decision provides important clarification regarding your real estate law. Here is what it changes for you.

The situation

Since the tenant's removal from the Trade and Companies Register occurred after the lease expiry date, the landlord cannot deny the tenant the benefit of commercial lease status for lack of registration.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 03-13.997
  • Court: Cour de cassation
  • Decision of: 29 September 2004

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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