In light of a by-law of

Reference decision: cc • No. 84-15.577 • 1985-11-14 • Consult the decision →

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

The situation

Given a co-ownership by-law stating that each co-owner is responsible for the wrongful acts of their tenants, in the event of the landlord co-owner's failure to act, the co-ownership association has the right to bring an action for termination of the lease where the tenant breaches its obligations and their actions, which cause harm to the other co-owners, are also contrary to the co-ownership by-law.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Scrupulously observe the legal time limits for appeals
Keep all your supporting documents (title deeds, acts, letters)
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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Practical use cases

Landlord's tenant causing disturbances in Lyon

You own a flat in a Lyon co-ownership with a by-law making landlords responsible for their tenants' actions. Your tenant has been hosting loud parties, damaging common areas, and ignoring warnings. The co-ownership association has sent you three formal notices over two months, but you haven't taken action.

Practical application:

Under the 1985 case law, the association can now apply to court for termination of your tenant's lease, as the tenant's breaches also violate the co-ownership by-law. To avoid this, you should immediately serve a formal notice to your tenant to comply, and if they don't, start eviction proceedings. You may also be liable for damages to the association.

Disruption from neighbour's tenant in Paris

You live in a Paris co-ownership building. The flat next door is rented out, and the tenant regularly makes excessive noise at night and leaves rubbish in the hallway. The landlord lives abroad and ignores complaints. The situation has persisted for six months, affecting your quality of life.

Practical application:

The 1985 decision confirms that the co-ownership association can seek termination of the lease if the landlord fails to act. You should formally report the issues to the association manager, with evidence (dates, photos, witness statements). The association can then give the landlord a deadline to intervene; if ignored, they can take legal action to evict the tenant and claim costs from the landlord.

Buying a tenanted flat in Bordeaux

You are considering purchasing a flat in Bordeaux that comes with a sitting tenant. The co-ownership rules state that co-owners are liable for their tenants' misconduct. The current tenant has a history of rule violations, and the seller has not addressed it. You worry about inheriting these problems.

Practical application:

After purchase, you become responsible for the tenant's behaviour under the co-ownership by-law. If the tenant continues to breach rules and you don't act, the association could terminate the lease per the 1985 ruling. Before buying, demand proof from the seller that any past breaches were resolved. Include a clause in the sale agreement that the seller indemnifies you for pre-existing tenant issues. After purchase, immediately clarify house rules with the tenant and respond promptly to any complaints.

In light of a by-law of

The situation

What the law says

Key points

Legal information

Source

Keywords

Practical use cases

Landlord's tenant causing disturbances in Lyon

Disruption from neighbour's tenant in Paris

Buying a tenanted flat in Bordeaux

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Maître Zakine, Doctor of Law