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In the case of a notice containing a refusal
Droit Immobilier

In the case of a notice containing a refusal

📅 Decision of 25 August 2026🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

In the case of a notice containing refusal to renew the lease with an offer of eviction compensation, a Court of Appeal rightly holds that the claim form served within the two-year period by the landlord on its tenants primarily seeking validation of the said notice constituted a disregard by the landlord of its tenants' right to renewal of the lease and had the effect of interrupting the limitation period and causing the notice to produce all its effects.

Reference decision: Court of Cassation • No. 76-15.163 • 1978-06-21 • View the decision →

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

In the case of a notice containing refusal to renew the lease with an offer of eviction compensation, a Court of Appeal rightly holds that the claim form served within the two-year period by the landlord on its tenants primarily seeking validation of the said notice constituted a disregard by the landlord of its tenants' right to renewal of the lease and had the effect of interrupting the limitation period and causing the notice to produce all its effects.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for bringing legal proceedings.
  • Keep all your supporting documents (title deeds, deeds, correspondence).
  • Be proactive: 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: 76-15.163
  • Court: Cour de cassation

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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