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The tenant, who submits to the notice to quit
Droit Immobilier

The tenant, who submits to the notice to quit

📅 Decision of 25 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

The tenant, who submits to the notice to quit offering an eviction indemnity, does not leave the premises voluntarily, as no provision requires him to remain there, and the right of withdrawal can no longer be exercised once the tenant has lawfully left the premises after refusal of renewal. The trial judges have sovereign discretion to assess the lawfulness of the tenant's departure after such refusal.

Reference decision: cc • N° 77-12.115 • 1979-01-17 • View the decision →

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

The situation

The tenant, who submits to the notice to quit offering an eviction indemnity, does not leave the premises voluntarily, as no provision requires him to remain there, and the right of withdrawal can no longer be exercised once the tenant has lawfully left the premises after refusal of renewal. The trial judges have sovereign discretion to assess the lawfulness of the tenant's departure after this refusal.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, letters)
  • Plan ahead: preventive 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: 77-12.115
  • 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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