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The general authorisation to sublet,
Droit Immobilier

The general authorisation to sublet,

📅 Decision of 22 January 1992🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

A general authorisation to sublet, provided for in the lease, is not sufficient to confer on commercial subtenants, who have not been expressly or tacitly approved by the landlord, a direct right to renewal.

Reference decision: cc • N° 90-13.736 • 1992-01-22 • View the decision →

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

The situation

A general authorisation to sublet, provided for in the lease, is not sufficient to confer on commercial subtenants, who have not been expressly or tacitly approved by the landlord, a direct right to renewal.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation for €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: 90-13.736
  • Court: Cour de cassation
  • Decision of: 22 January 1992

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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