Commercial Leases/Business Goodwill

In the event of a delay in the decontamination work on the site, the mere performance of its obligations by the lessee does not exempt it from liability. It is required to compensate the owner and pay damages for the harm suffered due to the immobilization of the premises until the keys are returned . Furthermore, if an occupancy indemnity is due and accrues until the date on which the operator pr …

Execution of restoration work

In the event of a delay in the decontamination work on the site, the mere performance of its obligations by the lessee does not exempt it from liability. It is required to compensate the owner and pay damages for the harm suffered due to the immobilization of the premises until the keys are returned . Furthermore, if an occupancy indemnity is due and accrues until the date on which the operator proves having taken the necessary measures to restore the site , it must be set by reference to the rent stipulated in the lease, and not to the rental value .

Finally, when, under the terms of a settlement agreement, the parties have implemented a remediation, within the meaning of the Environmental Code, and not a more extensive operation aimed at achieving soil and structures free of any trace of pollution, and the operator has fulfilled its obligations under Article R. 512-66-1 of the Environmental Code, with the prefect having acknowledged the cessation of activity without making any particular remarks and without imposing additional site restoration work, the operator, by providing a certificate of absence of pollution, complies with its contractual remediation obligation, and the lessor is required to pay the indemnity provided for in the protocol .

Cass. 3e civ., 2 April 2008, LawLex202100005790JBJ.

Cass. 3e civ., 19 May 2010, LawLex202100005792JBJ.

Cass. 3e civ., 23 June 2016, LawLex202100005793JBJ.

Cass. 3e civ., 13 June 2019, LawLex202100005785JBJ.

Commercial Leases/Business Goodwill

127. Execution of restoration work

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127. Execution of restoration work

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise