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The duration of the lease granted by a
Droit Immobilier

The duration of the lease granted by a

📅 Decision of 09 February 2005🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 11 views📖 2 min read

As the duration of a lease granted by an emphyteutic lessee cannot exceed that of the emphyteutic lease, the subtenant of a commercial lease cannot claim, upon its expiry, any right to renewal and, consequently, any payment of an eviction indemnity.

Reference decision: cc • N° 03-17.065 • 2005-02-09 • View the decision →

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

The situation

As the duration of a lease granted by an emphyteutic lessee cannot exceed that of the emphyteutic lease, the subtenant of a commercial lease cannot claim, upon its expiry, any right to renewal and, consequently, any payment of an eviction indemnity.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for legal remedies
  • Keep all your supporting documents (title deeds, deeds, 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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Legal information

  • Number: 03-17.065
  • Court: Cour de cassation
  • Decision of: 09 February 2005

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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