FrançaisI. Background
Article 10 of law no. 2023-668 of July 27, 2023 has amended the time limit for issuing a order to pay in respect of a termination clause in a lease. This period has now been reduced from eight to six weeks.
Against this backdrop, a tenant challenged the application of the new rules introduced by the 2023 law, arguing that they should not apply to his existing contract.
II. The question of law
The question put to the Cour de cassation was: do the provisions of the new law concerning real estate leases apply immediately to current contracts, or only to contracts concluded or renewed after the law came into force?
In other words, does the six-week period apply to current contracts signed before the law came into force?
This is a crucial question in real estate law, as it affects legal certainty and the stability of contractual relations between lessors and lessees.
III The solution
The Cour de cassation replied that article 10 of the 2023 law, which introduces a six-week deadline for rent payments, has no retroactive effect.
It therefore does not apply to rental contracts in force before the law came into force. The Court thus confirms that existing contracts remain governed by the previous provisions. This decision reinforces the predictability and stability of contracts in the field of real estate law, while clarifying the impact of the new rules on existing leases.
You can consult the decision of the Cour de cassation by following this link: ruling of June 13, 2024 n°24-70.002
Are you facing rent arrears? Whether you’re a tenant or a landlord, you can contact Philippe RIBEIRO DE CARVALHO, a real estate lawyer. He will provide you with a detailed estimate for the entire procedure.
