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Commercial lease
A commercial tenant awaiting an eviction allowance may remain at the premises
Publié le 13 juin 2024 - Directorate for Legal and Administrative Information (Prime Minister)
It is possible for the tenant merchant to remain in the premises after the end of the lease and to benefit from full compensation when he has not yet received his eviction compensation. This is what the Court of Cassation said in a judgment delivered on May 16, 2024.
An association that owns commercial premises granted leave with a refusal to renew, with an offer of eviction pay to its tenant. The latter applies to the court for annulment of that leave and compensation for the damage suffered.
The court of appeal condemns the lessor association but limits the lessee's compensation to the damage suffered before the lease was terminated. It considers that, after that termination, the tenant could not claim the rights deriving from the lease. The tenant is appealing to the court of cassation.
The Court of Cassation quashes and quashes the appeal decision. In its view, when it is awaiting eviction compensation, the tenant who remains in the premises under the conditions and clauses defined in the expired lease contract must be entitled to compensation for that period.
The tenant awaiting an eviction allowance cannot therefore be considered as occupying without right or title the commercial premises concerned.