The lessor of premises located in a

Leading case: cc • No. 11-23.541 • 2012-12-19 • View the decision →

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

The situation

The lessor of premises located in a shopping centre of which they are the owner is obliged to maintain the common parts of the centre, which are necessary accessories for the use of the leased property

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Strictly observe the statutory deadlines for appeals
Keep all your supporting documents (titles, deeds, correspondence)
Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, lawyer in French real estate law, practises throughout France.
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Practical use cases

Landlord of shop in shopping centre

Sophie owns a clothing boutique in a shopping centre in Lyon. She pays a monthly rent of €2,500 to the centre's owner. The common areas, such as corridors and escalators, have become dirty and poorly maintained, deterring customers and reducing her sales.

Practical application:

This case law confirms that the lessor (centre owner) must maintain common parts necessary for the use of the leased property. Sophie should send a formal notice (mise en demeure) to the owner demanding maintenance, referencing this decision. If ignored, she can seek a rent reduction or even terminate the lease for breach of obligation. She should keep all correspondence and photos as evidence.

First-time buyer of apartment complex

Jean is buying a first apartment in a new development in Bordeaux. The seller is the developer, who also owns the entire building. Jean discovers that the developer has not maintained the building's entrance hall and garden, which are listed as common areas in the sales contract.

Practical application:

The case law obliges the lessor-owner to maintain common areas necessary for the use of the property. Jean should insist on a clause in the preliminary contract stating the developer's maintenance obligations until completion. After purchase, if maintenance is lacking, he can demand compliance or compensation. He should document all defects and seek legal advice if needed.

Co-owner in dispute with syndic

Marie is a co-owner in a Parisian condominium (copropriété) in the 15th arrondissement. The syndic (building manager) has neglected to repair the broken lift, which is a common area essential for her elderly mother who lives on the 5th floor. The syndic claims it is not their responsibility.

Practical application:

This decision clarifies that the owner (here, the syndic representing all co-owners) must maintain common parts. Marie should write to the syndic citing the case law and demand urgent repair. If the syndic refuses, she can call an extraordinary general meeting to vote on the repair and, if necessary, take legal action for nuisance. She should collect medical certificates showing the mother's need for the lift.

The lessor of premises located in a

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

Landlord of shop in shopping centre

First-time buyer of apartment complex

Co-owner in dispute with syndic

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