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The commercial tenant being, under
Droit Immobilier

The commercial tenant being, under

📅 Decision of 25 August 2026🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

The commercial tenant being, under the terms of Article 20 of the Decree of 30 September 1953, maintained in possession under the terms and conditions of the expired lease until payment of the eviction indemnity, the landlord may, during this period, rely on Article 1722 of the Civil Code to avoid payment of the eviction indemnity not yet definitively fixed, when the leased property is destroyed by a fortuitous event.

Reference decision: cc • No. 75-10.358 • 1977-01-04 • Consult the decision →

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

The situation

The commercial tenant being, under the terms of Article 20 of the Decree of 30 September 1953, maintained in possession under the terms and conditions of the expired lease until payment of the eviction indemnity, the landlord may, during this period, rely on Article 1722 of the Civil Code to avoid payment of the eviction indemnity not yet definitively fixed, when the leased property is destroyed by a fortuitous event.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly observe the legal time limits for recourse.
  • Keep all your supporting documents (title deeds, deeds, correspondence).
  • Plan ahead: 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: 75-10.358
  • Court: Cour de cassation

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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