Décision de référence : cc • N° 69-20.041 • 1970-02-05 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The bad faith of the evicted tenant, inferred from breaches of the lease terms, cannot be raised 'as a defence' to a claim for damages brought under article 60 of the Act of 1 September 1948, where it has not given rise to an action for termination or for forfeiture of the right to remain in the premises.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Scrupulously comply with the statutory time limits for appeal
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than a dispute
For an analysis of your situation: 30-min 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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