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The right to renewal of a lease
Droit Immobilier

The right to renewal of a lease

📅 Decision of 17 July 1981🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

The right to renewal of a commercial lease or, failing that, to payment of an eviction indemnity is not conditional upon personal operation of the business by the tenant who owns it; therefore, without contradicting itself, a judgment awards compensation to tenants who had installed a tenant-manager in the premises for the heads of loss resulting from their eviction, while noting that they did not personally operate their business.

Reference decision: cc • No. 79-15.598 • 1981-07-17 • View the decision →

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

The situation

The right to renewal of a commercial lease or, failing that, to payment of an eviction indemnity is not conditional upon personal operation of the business by the tenant who owns it; therefore, without contradicting itself, a judgment awards compensation to tenants who had installed a tenant-manager in the premises for the heads of loss resulting from their eviction, while noting that they did not personally operate their business.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly adhere to the statutory time limits for taking legal action.
  • Keep all your supporting documents (title deeds, deeds, 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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Legal information

  • Number: 79-15.598
  • Court: Cour de cassation
  • Decision of: 17 July 1981

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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