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Since the landlord has notified a
Droit Immobilier

Since the landlord has notified a

📅 Decision of 17 September 2008🔄 Updated on 9 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

Where the landlord has notified a statement of case after an expert report in accordance with the provisions of Article 29-1 of the Decree of 30 September 1953 before the judge rules, and where the two-year limitation period under Article L. 145-60 of the Commercial Code has been interrupted, the action to determine the rent of the renewed lease is admissible (appeal no. 07-16.973, judgment no. 1). The action to determine the renewed rent brought by the landlord who, after an expert report, notified a statement of case in accordance with Article 29-1 of the Decree of 30 September 1953 before the judge ruled is admissible (appeal no. 07-17.362, judgment no. 2).

Reference decision: Court of Cassation • No. 07-17.362 • 17 September 2008 • View the decision →

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

The situation

Where the landlord has notified a statement of case after an expert report in accordance with the provisions of Article 29-1 of the Decree of 30 September 1953 before the judge rules, and where the two-year limitation period under Article L. 145-60 of the Commercial Code has been interrupted, the action to determine the rent of the renewed lease is admissible (appeal no. 07-16.973, judgment no. 1). The action to determine the renewed rent brought by the landlord who, after an expert report, notified a statement of case in accordance with Article 29-1 of the Decree of 30 September 1953 before the judge ruled is admissible (appeal no. 07-17.362, judgment no. 2).

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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

  • Number: 07-17.362
  • Court: Cour de cassation
  • Decision of: 17 September 2008

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Commercial Landlord in Lyon Seeks Rent Increase at Renewal

You own a boutique retail space in Lyon's Presqu'île area, rented for €2,000/month under a 9-year commercial lease expiring in June 2023. You initiated a rent review on renewal, but amid pandemic disruptions, you only commissioned an expert report in February 2025, which values the rent at €3,500. You now need to serve a statement of case (mémoire) to formalise your claim, but worry the two-year limit from renewal has passed.

Practical application:

This case law confirms that serving a mémoire after an expert report, before the judge rules, interrupts the limitation period under Article L. 145-60 of the Commercial Code. Your action remains admissible as long as you notify the mémoire promptly after the report. Immediately prepare a detailed mémoire attaching the expert's valuation, serve it on the tenant, and file it with the court without delay to secure your rent increase.

2

Paris Café Tenant Fights Landlord's Rent Hike

You have run a successful café on Rue de Rivoli, Paris, for 9 years, paying €4,000/month. The landlord wants to increase rent to €7,000 upon renewal in March 2024. You refused, and the landlord started legal proceedings, obtaining an expert report in July 2025 and serving a mémoire in September 2025. You argue the action is time-barred since the renewal request was over two years ago.

Practical application:

The Court of Cassation decision makes clear that the landlord's action is admissible because they interrupted limitation by serving the mémoire after the expert report. Your time-limitation defence will likely fail. Now focus on the merits: instruct your own surveyor to prepare a counter-expertise on market rents, and submit a counter-mémoire with evidence supporting a lower rent, ensuring you respond within the court's deadlines.

3

Property Investor Evaluates a Renewal Dispute in Nice

You are purchasing a commercial property in central Nice with a long-standing tenant paying €5,000/month. The lease expired in January 2024, and the seller sought a rent increase to €6,500, which the tenant disputes. A court action for rent determination is pending, but the seller only commissioned an expert report in October 2024 and served a mémoire in November 2024, close to the two-year mark. You fear the claim could be time-barred.

Practical application:

This ruling confirms that the seller's action is admissible because the mémoire interrupted the limitation period. To protect your investment, verify that the mémoire was properly served and the expert report exists. Insert a clause in the purchase agreement transferring the benefit of the ongoing proceedings to you, and consider seeking an assignment of the right to continue the action to secure the higher rent for your future income.

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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