In 4 rulings handed down on 30 June and 23 November 2022, the French Court of Cassation ruled that commercial tenants cannot claim exemption from rent payments during periods when their premises were closed due to lockdown measures. The Court of Cassation ruled on the three arguments most often put forward by recalcitrant tenants:

  • Loss of the rented property: a contention rejected since the closure of stores was general and temporary, justified by the preservation of public health and not directly related to the contractual purpose of the rented premises.
  • Non-performance of the landlord’s obligations: the blanket administrative measure prohibiting public access to a premises does not constitute a failure by the landlord to perform its obligation to deliver.
  • Force majeure: force majeure is provided for in favour of the debtor of the obligation whose performance it prevents. Force majeure cannot be invoked by the tenant who fails to demonstrate that it is unable to pay its rent. Nor can it be invoked by the tenant as creditor of the landlord’s obligation to deliver the leased premises.

Appeals n° 21-19.889 - n° 21-21.127 - n° 21.-20.190 & Cour Cassation Chambre Civile Civ. 3ème 22.11.2022 – Appeal n° 22-12.753#Covid #Commercial rents #Payment #Courtofcassation

Christopher Boinet et Anne Epinat , Lawyers at the Paris Bar and Partners at In Extenso Avocats.

About In Extenso Avocats

In Extenso Avocats is a network of business law firms. Specialised in hotel and tourist accommodation law, our lawyers advise hotel and tourist residence owners and operators, real estate and hotel investment funds, as well as private and public investors in France and abroad. For more information please visit www.inextenso-avocats.com/en/.

Christopher Boinet
FR - IE Paris - Avocats
In Extenso Avocats