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The determination, by the commercial leases court, of the rent for the renewed lease precludes the making of any order for payment.
Droit Immobilier

The determination, by the commercial leases court, of the rent for the renewed lease precludes the making of any order for payment.

📅 Decision of 18 March 1992🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 43 views📖 2 min read

The determination, by the commercial leases court, of the rent for the renewed lease precludes the making of any order for payment. Consequently, an appellate court correctly holds that the landlord is not entitled to calculate statutory interest on the arrears of rent at the increased rate after the expiry of the 2-month period from the date on which the determination became enforceable.

Reference decision: Court of Cassation • N° 90-14.000 • 1992-03-18 • View the decision →

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

The situation

The determination, by the commercial leases court, of the rent for the renewed lease precludes the making of any order for payment. Consequently, an appellate court correctly holds that the landlord is not entitled to calculate statutory interest on the arrears of rent at the increased rate after the expiry of the 2-month period from the date on which the determination became enforceable.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously comply with the statutory deadlines for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: 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: 90-14.000
  • Court: Cour de cassation
  • Decision of: 18 March 1992

Keywords

loyer commercialbail commercialintérêts majorésfixation judiciaireCour de cassationdroit immobilier
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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