Reference decision: cc • N° 90-12.824 • 1991-10-09 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The offer of an eviction indemnity does not prevent the landlord from subsequently refusing to renew the commercial lease without indemnity if he establishes that the conditions for the right to renewal are not met. The judgment is therefore legally justified which, having noted that the tenant was not registered in the commercial register for the secondary establishment operated in the leased premises, decides that the tenant was not entitled to renewal of the lease and could not claim payment of an eviction indemnity.
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 appeals
- 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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