01/02/2015 | Commercial leases
Commentaire de l'arrêt Cass. 3ème civ., 11 mars 2014, AJDI février 2015
Since compensation of the landlord for the tenant’s failure to carry out the tenant’s repairs provided for in the lease is not conditional upon those repairs being carried out, a court of appeal which did not examine whether loss resulting from the tenant’s failure to perform its maintenance obligation had existed until the property was demolished failed to give a legal basis for its decision.