MIL-OSI Translation: A commercial tenant awaiting eviction compensation can remain in the premises and obtain full compensation

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MIL OSI Translation. Government of the Republic of France statements from French to English –

Source: Republic of France in FrenchThe French Republic issued the following statement:

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Commercial lease

Published on June 13, 2024 – Directorate of Legal and Administrative Information (Prime Minister)

The tenant merchant awaiting eviction compensation can remain in the premises after the end of the lease and benefit from full compensation. This is what the Court of Cassation indicates in a judgment delivered on May 16, 2024.

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An association that owns commercial premises has issued notice with refusal of renewal, with an offer of eviction compensation to its tenant. The latter goes to court to cancel this leave and obtain compensation for his damages.

The court of appeal condemns the landlord association but limits the tenant’s compensation to damages suffered before the termination of the lease. She considers that after this termination, the tenant could not claim rights under the lease. The tenant appeals to the Court of Cassation.

The Court of Cassation overturns and annuls the appeal decision. For her, when awaiting eviction compensation, the tenant who remains in the premises under the conditions and clauses defined in the expired lease contract must be able to benefit from compensation for this period.

The tenant awaiting eviction compensation cannot therefore be considered as an occupant without right or title of the commercial premises concerned.

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EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.

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