The absence of grounds for a notice of termination with

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

The situation

The absence of grounds for a notice of termination with refusal to renew without offer of an eviction indemnity leaves the notice of termination subsisting and the tenant's right to claim payment of an eviction indemnity. Thus, the Court of Appeal that annuls an unmotivated notice of termination and, noting that the lease has continued, dismisses the tenant's claim for payment of an eviction indemnity, violates Articles L. 145-9, L. 145-14 and L. 145-17 of the Commercial Code.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Scrupulously respect the statutory time limits for appeals.
• Keep all supporting documents (title deeds, deeds, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

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