01/03/2026 | Commercial leases
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.