Law No. 2014-626 of 18 June 2014,

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Law No. 2014-626 of 18 June 2014, which, in that it amended Article L. 145-15 of the Commercial Code, replaced the nullity of clauses having the effect of defeating the right to renewal with their being deemed unwritten, is applicable to current leases and the action seeking to have a clause of the lease deemed unwritten is not subject to any limitation period. Thus, the action seeking to have a clause having the effect of defeating the right to renewal deemed unwritten, brought after the entry into force of the Law of 18 June 2014 and relating to a lease in progress at that date, is admissible even though the limitation period for the action for nullity of that same clause would have expired on the date of entry into force of the new law.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for bringing claims
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation.

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