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The absence or insufficiency of
Droit Immobilier

The absence or insufficiency of

📅 Decision of 28 October 2009🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

The absence or insufficiency of reasons for a notice to quit with refusal to renew on serious and legitimate grounds without an offer of compensation leaves the notice to quit and the tenant's right to claim payment of an eviction compensation intact. Thus, a court of appeal which holds that the refusal to renew the lease without an offer of eviction compensation is not reasoned and deduces that the lease has been renewed violates Articles L. 145-17 and L. 145-14 of the Commercial Code.

Reference decision: cc • No. 07-18.520 • 2009-10-28 • View the decision →

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

The situation

The absence or insufficiency of reasons for a notice to quit with refusal to renew on serious and legitimate grounds without an offer of compensation leaves the notice to quit and the tenant's right to claim payment of an eviction compensation intact. Thus, a court of appeal which holds that the refusal to renew the lease without an offer of eviction compensation is not reasoned and deduces that the lease has been renewed violates Articles L. 145-17 and L. 145-14 of the Commercial Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: 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: 07-18.520
  • Court: Cour de cassation
  • Decision of: 28 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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