Reference decision: cc • N° 75-15.533 • 1977-03-23 • View the decision →
This decision provides important clarification on your real estate law. Here is what it changes for you.
The situation
The limitation period for the action for payment of an occupation indemnity based on article 20 of the Decree of 30 September 1953, the starting point of which is fixed as the day after the expiry date of the lease, can only be suspended if the lessor is unable to act to have this indemnity determined, the merits of which would be dependent on the outcome of pending proceedings. This is not the case where the principle of the right to an eviction indemnity is not disputed.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory time limits for bringing legal actions.
- Keep all your supporting documents (title deeds, instruments, correspondence).
- Anticipate: preventive advice always costs less 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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