01/03/2026 | Commercial leases

Congé pour reconstruire et présomption de sincérité

Commentaire de Cass. 3ème, 19 juin 2025, AJDI, mars 2026

A landlord serving notice to quit under Article L. 145-18 of the Commercial Code is presumed to be acting in good faith. It is not required to obtain planning permission before serving such a notice. A court hearing an application to annul the notice may take into account evidence that is extrinsic to, and post-dates, the notice in concluding that the landlord did intend to demolish and rebuild the building.

Blatter Seynaeve
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