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Payment of the costs of the proceedings in
Droit Immobilier

Payment of the costs of the proceedings in

📅 Decision of 01 October 2014🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 28 views📖 2 min read

Payment of the costs of the proceedings for determining the eviction indemnity is a consequence of the exercise of the right of retraction and not a condition of its validity. An appellate court therefore rightly holds that the landlord's refusal to pay the costs of the proceedings does not invalidate the exercise of the right of retraction where it was exercised within the time limits.

Reference decision: cc • No. 13-17.114 • 2014-10-01 • View the decision →

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

The situation

Payment of the costs of the proceedings for determining the eviction indemnity is a consequence of the exercise of the right of retraction and not a condition of its validity. An appellate court therefore rightly holds that the landlord's refusal to pay the costs of the proceedings does not invalidate the exercise of the right of retraction where it was exercised within the time limits.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for bringing claims
  • Keep all supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 13-17.114
  • Court: Cour de cassation
  • Decision of: 01 October 2014

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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