Once the action for payment of the eviction indemnity is time-barred, the tenant loses, even by way of defence, the right to remain in the premises that goes with it. The limitation has no retroactive effect, however: until the date on which it is acquired, the tenant remained in occupation under Article L. 145-28 of the Commercial Code and owes a statutory occupancy indemnity equal to the rental value. Only from that date does it become an occupier without right or title, liable for an ordinary-law occupancy indemnity.