The letting of jointly owned property requires

Reference decision: cc • N° 76-10.907 • 1977-03-23 • View the decision →

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

The situation

The letting of jointly owned property requires the consent of all the co-owners. A tenant who has dealt with only one of them must establish that the latter had authority for that purpose from the co-owners against whom the contract is asserted, unless they subsequently ratified it.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Strictly comply with the statutory time limits for bringing an action.
Keep all your supporting documents (title deeds, instruments, 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.
→ Prendre RDV pour une consultation droit du travail | → Browse all our legal articles

Practical use cases

Co-owner lets flat without sibling's consent

In Lyon, Marie and her brother Jean each own 50% of a two-bedroom flat. Without asking Jean, Marie signs a 3-year lease with tenants for €1,200 per month. Jean discovers this and refuses to recognise the tenancy.

Practical application:

Under this ruling, the lease is not binding on Jean unless Marie had his authority or he later ratifies it. Marie should immediately obtain written consent from Jean or ask him to ratify the lease. If Jean refuses, Marie may be liable to the tenants for damages. She should keep all correspondence and seek legal advice before taking further steps.

Buyer inherits invalid lease on purchase

In Bordeaux, Emma buys a flat to live in, but it is occupied by tenants whose 6-year lease was signed by only one of three previous co-owners. Emma planned to move in after purchase, but the tenants refuse to leave.

Practical application:

The lease may be unenforceable against the other two co-owners, so Emma must check whether the signing co-owner had authority or if the others ratified it. Before completing the purchase, Emma should demand proof of authority or ratification from the seller. If the lease is invalid, she may be able to recover possession, but she must act within the statutory time limits and keep all title documents and correspondence.

Co-owner disputes lease by other co-owner

In Marseille, a commercial property has three co-owners: Alice, Bruno, and Carole. Bruno leases the entire ground floor to a restaurant for €3,500 per month for 9 years without consulting Alice and Carole. Alice and Carole want to challenge the lease.

Practical application:

The lease is not binding on Alice and Carole unless Bruno had authority or they ratify it. They should gather the lease agreement and any correspondence showing lack of consent. They should not accept rent payments that could be seen as ratification. They must promptly seek legal action within statutory time limits and consult a solicitor to preserve their rights.

The letting of jointly owned property requires

The situation

What the law says

Key points

Legal information

Source

Keywords

Practical use cases

Co-owner lets flat without sibling's consent

Buyer inherits invalid lease on purchase

Co-owner disputes lease by other co-owner

About the author

Does this affect you?

📬 Get legal updates

Consult a specialist lawyer near you

Maître Zakine, Doctor of Law