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The right to remain in possession, under
Droit Immobilier

The right to remain in possession, under

📅 Decision of 04 January 1985🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

Where the leaseholder who has been given notice with an offer of eviction compensation remains in possession pursuant to Article 20 of the Decree of 30 September 1953, such possession being on the terms and conditions of the expired lease, the lessor may rely, as against him, on breaches committed after the expiry of the lease.

Reference decision: cc • No. 83-13.442 • 1985-01-04 • Consult the decision →

This decision provides important clarification of your real estate rights. Here is how it affects you.

The situation

Where the leaseholder who has been given notice with an offer of eviction compensation remains in possession pursuant to Article 20 of the Decree of 30 September 1953, such possession being on the terms and conditions of the expired lease, the lessor may rely, as against him, on breaches committed after the expiry of the lease.

What the law says

This decision confirms the fundamental principles of property law.

Key points to note

  • Strictly comply with the statutory time limits for bringing legal proceedings
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Be proactive: preventive legal advice is always cheaper 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: 83-13.442
  • Court: Cour de cassation
  • Decision of: 04 January 1985

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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