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Termination of a residential lease
Droit Immobilier

Termination of a residential lease

📅 Decision of 14 October 2009🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

Termination of a residential lease for breach of the obligation to use the rented premises peacefully may only be ordered if it is established that there is a link between the disturbances found and a breach by the tenant of the obligation to use the leased property and its appurtenances peacefully. The Court of Appeal that orders the termination of a residential lease by giving reasons that are insufficient to establish the existence of this link fails to provide a legal basis for its decision under Articles 1 and 7(b) of the Law of 6 July 1989 and Article 1728 of the Civil Code (judgment no. 1, appeal no. 08-12.744).

Reference decision: Court of Cassation • No. 08-16.955 • 2009-10-14 • View the decision →

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

The situation

Termination of a residential lease for breach of the obligation to use the rented premises peacefully may only be ordered if it is established that there is a link between the disturbances found and a breach by the tenant of the obligation to use the leased property and its appurtenances peacefully. The Court of Appeal that orders the termination of a residential lease by giving reasons that are insufficient to establish the existence of this link fails to provide a legal basis for its decision under Articles 1 and 7(b) of the Law of 6 July 1989 and Article 1728 of the Civil Code (judgment no. 1, appeal no. 08-12.744).

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive advice is always cheaper 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: 08-16.955
  • Court: Cour de cassation
  • Decision of: 14 October 2009

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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