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Where the tenant, particularly by
Droit Immobilier

Where the tenant, particularly by

📅 Decision of 25 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

Where the tenant, particularly by requesting permission to assign their lease and by purchasing land with a view to their relocation, has indicated their intention to transfer their business elsewhere before the refusal to renew the lease, the courts may consider that the eviction compensation should be limited to the loss of the leasehold interest alone.

Reference decision: cc • N° 74-14.202 • 1976-03-02 • View the decision →

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

The situation

Where the tenant, particularly by requesting permission to assign their lease and by purchasing land with a view to their relocation, has indicated their intention to transfer their business elsewhere before the refusal to renew the lease, the courts may consider that the eviction compensation should be limited to the loss of the leasehold interest alone.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for legal recourse
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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: 74-14.202
  • 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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