In three highly anticipated decisions handed down on 30 June 2022 and published in the Bulletin, the Cour de cassation clarified case law that had become contradictory depending on the jurisdiction and the arguments raised.
For the supreme court, the health crisis does not exempt a tenant on a commercial lease from paying rent during the period when so-called “non-essential” businesses are closed as a result of the covid-19 epidemic.
In each of these cases, the Court of Cassation was asked to rule on the tenant’s claim that he should not have to pay rent for the period during which he was unable to use the leased premises to carry on his business.
In these three rulings handed down on 30 June 2022, the Third Civil Chamber had to rule on the defences most frequently put forward by tenants in an attempt to avoid paying rent during periods of administrative closure linked to the covid-19 epidemic.
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