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Failure to Pay the Occupation Indemnity
Droit Immobilier

Failure to Pay the Occupation Indemnity

📅 Decision of 29 June 2005🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

Failure to pay the occupation indemnity substituting for rent, by a tenant who has remained in the premises upon expiry of the commercial lease, constitutes a breach of the tenant's principal obligation, the tenant being maintained in the premises under the terms and conditions of the contract, and may justify judicial termination of the lease and forfeiture of the right to an eviction indemnity.

Reference decision: Court of Cassation • No. 04-11.397 • 29 June 2005 • Consult the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Failure to pay the occupation indemnity substituting for rent, by a tenant who has remained in the premises upon expiry of the commercial lease, constitutes a breach of the tenant's principal obligation, the tenant being maintained in the premises under the terms and conditions of the contract, and may justify judicial termination of the lease and forfeiture of the right to an eviction indemnity.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Comply strictly with the statutory time limits for legal remedies
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: 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: 04-11.397
  • Court: Cour de cassation
  • Decision of: 29 June 2005

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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