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
Should a lawyer draft a formal notice?
A formal notice can trigger the accrual of interest, pave the way for the termination of a contract, or constitute a decisive piece of evidence in court. When should it be entrusted to a lawyer?
Family SCI or joint ownership: which structure to choose for a family property purchase?
By Olivier Paquerau, of counsel at ARST Avocats. Buying a home, a rental property, or a family residence with several people quickly leads to a fundamental question: should you buy jointly or form a real estate company?...
Psychosocial risks in the workplace: what are the employer's obligations?
By Chaouki Gaddada, partner lawyer in charge of employment law at ARST Avocats. Chronic stress, work overload, isolation, internal conflicts, loss of meaning, or reports of harassment: psychosocial risks can weaken employees...
Should a lawyer draft a formal notice?
A formal notice can trigger the accrual of interest, pave the way for the termination of a contract, or constitute a decisive piece of evidence in court. When should it be entrusted to a lawyer?
Family SCI or joint ownership: which structure to choose for a family property purchase?
By Olivier Paquerau, of counsel at ARST Avocats. Buying a home, a rental property, or a family residence with several people quickly leads to a fundamental question: should you buy jointly or form a real estate company?...
Acquiring 10% of a French company listed in London can now trigger an audit by the French Ministry of Economy and Finance (Bercy)
Since August 17, 2026, crossing the 10% threshold of voting rights of a French company listed on certain foreign markets may fall under the control of foreign investments in France.
