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When, Subsequent to a Request
Droit Immobilier

When, Subsequent to a Request

📅 Decision of 25 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

When, subsequent to a judicial request for lease renewal or eviction compensation made by the tenant, the landlord has served a notice to rebuild the leased building offering replacement premises to the tenant, the latter cannot, for lack of response to this offer within three months, be deemed to have accepted it, since he did not have to bring the matter before the competent court, already seised of the eviction compensation claim.

Reference decision: cc • N° 74-12.434 • 1975-12-09 • View the decision →

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

The situation

When, subsequent to a judicial request for lease renewal or eviction compensation made by the tenant, the landlord has served a notice to rebuild the leased building offering replacement premises to the tenant, the latter cannot, for lack of response to this offer within three months, be deemed to have accepted it, since he did not have to bring the matter before the competent court, already seised of the eviction compensation claim.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for bringing legal proceedings.
  • Keep all your supporting documents (title deeds, instruments, 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: 74-12.434
  • 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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