FrançaisDelayed delivery of a VEFA property gives rise to liability on the part of the developer, who has an obligation of result. The firm has just obtained a favourable decision in which it obtained an order against a developer to compensate the purchaser, despite the cancellation of the initial planning permission. VEFA is an acronym […]
Category Archives: Non classé
I. 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 […]
The civil or commercial definition of Airbnb-type seasonal rentals On January 25, 2024, the French Supreme Court (Cour de cassation) issued a decisive ruling on the civil or commercial nature of seasonal rentals. This will have a considerable impact on real estate law in Nice, given the large number of so-called seasonal rentals. Ruling no. […]
Introduction Since the law of July 27, 2023, known as the “anti-squatting” law, the procedure for evicting squatters has been simplified and accelerated. This new system aims to better protect owner-occupiers and landlords against illegal occupation of their property. Don’t hesitate to contact us if you’d like to start a squatter eviction procedure, whether in […]
It takes a long time to get a tenant evicted. Once the Judge has rendered his decision, it is still necessary to succeed in having the decision executed. It is a question here of the refusal of the public force, thus of the State, to proceed to the forced eviction of a tenant. It […]
The war between AIRBNB and the large conurbations (including Nice) continues to rage. In a new ruling handed down by the Court of Justice, the city of Paris has just won an important battle. I What is at stake in the real estate dispute: the conformity of the regulation subjecting seasonal rentals to a city […]
Me Ribeiro de Carvalho, as a commercial lease lawyer in Nice, will advise you on the difference between the commercial lease and the precarious occupancy agreement. I The facts: a precarious occupancy agreement pending a transfer of business assets Initially, the parties had entered into a standard commercial lease. Some time later, the parties […]
I Reminder of facts and procedure I Reminder of facts and procedure When the property sold is affected by hidden defects requiring its demolition, the purchaser who has chosen to keep it without restitution of all or part of the sale price is entitled to obtain from the seller in bad faith damages equivalent to […]
In an article in Nice-Matin on January 12, we learned that the American giant AIRBNB was going to pay nearly 4 millions euros to the cities of the Alpes Maritimes for the tourist tax, including more than 1.84 million euros for the City of Nice itself.. In total, it is the sum of 58 millions […]
On July 26, 2018, I spoke about an important decision about the Airbnb sublease. Tenants had been ordered to reimburse the rent because they had not asked the landlord for permission. (See article here). It was important for the Supreme Court to examine the subject. I Reminder of the decision of the Paris Court of […]