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The final paragraph of Article L
Droit Immobilier

The final paragraph of Article L

📅 Decision of 16 October 2025🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

The final paragraph of Article L. 145-34 of the French Commercial Code, which provides for the spreading of the rent increase resulting from the removal of the cap, only applies in the event of a material change in the first four factors of the rental value or where the lease term is contractually more than nine years, and not to nine-year leases that have continued, by tacit renewal, for more than twelve years.

Reference decision: Cass. • No. 23-23.834 • 2025-10-16 • View decision →

This decision sheds important light on your real estate rights. Here is what it changes for you.

The situation

The final paragraph of Article L. 145-34 of the French Commercial Code, which provides for the spreading of the rent increase resulting from the removal of the cap, only applies in the event of a material change in the first four factors of the rental value or where the lease term is contractually more than nine years, and not to nine-year leases that have continued, by tacit renewal, for more than twelve years.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal deadlines for bringing claims
  • Keep all your supporting documents (title deeds, deeds, letters)
  • Be proactive: 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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Legal information

  • Number: 23-23.834
  • Court: Cour de cassation
  • Decision of: 16 October 2025

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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