Civ. 3e., October 22, 2020, No. 19-19.542 FS-PBI.
In a ruling issued on October 22, 2020, the Court of Cassation clarified that a landlord who has requested and obtained the acquisition of a termination clause under a decision that has become final, can no longer, in the event of non-compliance by the tenant with the payment deadlines conditioning the suspension of the effects of the termination clause, unilaterally demand the execution of the terminated lease.
In other words, although the termination clause is acquired by the landlord (in this case through a final interim order), its implementation is not subject to his discretionary power.
Although the landlord is free to decide not to request the application of this clause, which is stipulated for his exclusive benefit, once he has made the request and a final court decision has granted it, he is no longer in his power to renounce it.
places a new limit on the landlord's powers .
Fanny Hurreau
author
associate lawyer
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