01/01/2024 | Commercial leases
Commentaire de Cass. 3ème, 26 octobre 2023, AJDI, janvier 2024
Where a summary order (ordonnance de référé) having acquired the force of res judicata has granted the holder of a commercial lease time to pay rent arrears, subject to payment of the current rent, while suspending the operation of the termination clause, failure to comply with that timetable and that condition causes the clause to take effect definitively, and the landlord’s bad faith in relying on it cannot prevent this.