Commercial Leases/Business Goodwill

Under the terms of Article 1741 of the Civil Code, the total or partial destruction of the leased premises resulting from a fault attributable to one of the parties, such as the landlord's failure to deliver and maintain the property in a condition suitable for the use for which it was leased or to guarantee the peaceful enjoyment of the premises during the term of the lease , results in the termi …

Total or partial destruction attributable to one of the parties

Under the terms of Article 1741 of the Civil Code, the total or partial destruction of the leased premises resulting from a fault attributable to one of the parties, such as the landlord's failure to deliver and maintain the property in a condition suitable for the use for which it was leased or to guarantee the peaceful enjoyment of the premises during the term of the lease , results in the termination of the commercial lease.

Unlike the destruction of premises by a fortuitous event, given the existence of a fault, damages may be charged to the party whose fault caused the loss. When the fault is attributable to the tenant, they are exempt from paying rent subsequent to the loss from the time the destruction is noted, and the landlord can only claim damages.

Damages must include, with regard to the loss suffered by the creditor and the gain of which they have been deprived, only what is an immediate and direct consequence of the non-performance of the contract . When the fault is attributable to both parties, the breach committed by each party must be taken into account to determine the amount of the damage. Thus, when the tenant has partially contributed to the deterioration of the building by failing to carry out maintenance work in a timely manner as contractually required, the judges cannot order the landlord to provide full compensation . In the event of shared fault, the judges may also terminate the lease without awarding compensation .

The termination of the lease takes effect on the date when the enjoyment of the premises ceased. Once structural defects have been identified in premises intended for catering and an order prohibits public access, it is on the date of this administrative decision, which records the cessation of enjoyment by the lessee, that the automatic termination of the lease takes effect .

Cass. 3e civ., 23 June 2016, LawLex202200004629JBJ

Cass. 3e civ., 4 July 1978, LawLex202300011264JBJ.

Cass. com., 19 June 1962, LawLex202300011209JBJ.

Cass. 3e civ., 23 June 2016, LawLex202200004629JBJ.

Commercial Leases/Business Goodwill

257. Total or partial destruction attributable to one of the parties

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257. Total or partial destruction attributable to one of the parties

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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