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A person who does not reside, even
Droit Immobilier

A person who does not reside, even

📅 Decision of 16 June 2004🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

A person who does not reside, even temporarily, in the rented premises and who did not intervene there at the request of the tenants in a professional capacity cannot be considered as being "of the household" of the tenants within the meaning of Article 1735 of the Civil Code.

Reference decision: cc • No. 03-12.528 • 2004-06-16 • View the decision →

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

The situation

A person who does not reside, even temporarily, in the rented premises and who did not intervene there at the request of the tenants in a professional capacity cannot be considered as being "of the household" of the tenants within the meaning of Article 1735 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the legal deadlines for appeals
  • Keep all your supporting documents (deeds, instruments, letters)
  • 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: 03-12.528
  • Court: Cour de cassation
  • Decision of: 16 June 2004

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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