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The tenant who may be entitled to a
Droit Immobilier

The tenant who may be entitled to a

📅 Decision of 01 March 1995🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 7 views📖 2 min read

The tenant who may claim eviction compensation under Article 20 of the Decree of 30 September 1953 has the right to remain in the premises under the terms of the expired lease. The action for judicial termination of this statutory right of occupancy, not subject to a prior formal notice requirement, is governed by a separate regime from that applicable to a notice to quit with refusal to renew without eviction compensation.

Reference decision: cc • No. 93-10.172 • 1995-03-01 • View decision →

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

The situation

The tenant who may claim eviction compensation under Article 20 of the Decree of 30 September 1953 has the right to remain in the premises under the terms of the expired lease. The action for judicial termination of this statutory right of occupancy, not subject to a prior formal notice requirement, is governed by a separate regime from that applicable to a notice to quit with refusal to renew without eviction compensation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with statutory time limits for bringing an action
  • 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: 93-10.172
  • Court: Cour de cassation
  • Decision of: 01 March 1995

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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