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The request for rent review made
Droit Immobilier

The request for rent review made

📅 Decision of 23 February 1982🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 25 views📖 2 min read

The request for rent review made by the purchaser of a property subject to a commercial lease against the tenant to whom the previous owner had given notice to quit with an offer of eviction compensation constitutes the exercise of the right of repentance provided for in Article 32 paragraph 4 of the Decree of 30 September 1953.

Reference decision: cc • No. 80-14.546 • 23-02-1982 • View the decision →

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

The situation

The application for rent review made by the purchaser of a property subject to a commercial lease against the tenant to whom the previous owner had given notice to quit with an offer of eviction compensation constitutes the exercise of the right of repentance provided for in Article 32 paragraph 4 of the Decree of 30 September 1953.

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)
  • Be proactive: 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: 80-14.546
  • Court: Cour de cassation
  • Decision of: 23 February 1982

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Tenant facing rent review after previous landlord's eviction notice

You run a small bakery in Lyon under a commercial lease. Six months ago, the previous owner served you a notice to quit with an offer of €30,000 in eviction compensation. The property was then sold, and the new landlord has now applied for a rent review, seeking to increase the annual rent from €18,000 to €24,000.

Practical application:

The Cour de cassation ruling (No. 80-14.546) treats the new owner's rent review application as an exercise of the 'right of repentance' under Article 32 of the 1953 Decree. This means the eviction notice is effectively withdrawn, and you are entitled to remain in the premises under a new lease at the reviewed rent. Do not vacate the premises; instead, formally accept the rent review process while negotiating the new rent and terms, as the law now sees you as a continuing tenant, not one being evicted.

2

New property investor unwittingly retracts a prior eviction

You just purchased a commercial building in Marseille for €450,000. The sole tenant, a dry cleaner, had been given a notice to quit by the previous owner with a €25,000 eviction indemnity offer. Hoping to keep the tenant but at market rent, you file a standard rent review application with the local court, unaware of the previous notice.

Practical application:

According to this case law, your rent review application automatically constitutes a 'right of repentance', cancelling the eviction notice and obliging you to offer a new lease. You must immediately withdraw any eviction proceedings and instead negotiate a new lease with the tenant. To avoid unintended legal consequences, always request a complete history of any notices served on tenants before purchasing, and consult a property lawyer before taking action that could be interpreted as a repentance.

3

Selling a property while an eviction notice is pending

You own a commercial unit in central Paris rented to a bookshop. You served a notice to quit with an eviction indemnity of €40,000 six months ago, but you are now selling the property. The buyer is interested in retaining the tenant but at a higher rent.

Practical application:

Inform the buyer explicitly that any post-sale rent review application will be legally treated as a repentance, retracting your eviction notice. The buyer should be advised to handle the rent review before completing the purchase if they wish to avoid inheriting a potential eviction dispute. Also, ensure the sale agreement addresses who bears the cost of any outstanding eviction indemnity if the repentance occurs after transfer, as the tenant may still claim it from the previous owner.

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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