01/03/2026 | Commercial leases

Exception d'inexécution : dispensable mise en demeure

Commentaire de Cass. 3ème, 18 septembre 2025, AJDI, mars 2026

A tenant may rely on the defence of non-performance (exception d’inexécution) to refuse to perform its obligation to pay rent from the day on which the premises become unfit for their intended use as a result of the landlord’s breach of its obligations, without being required to serve prior formal notice.

Blatter Seynaeve
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