The Cabinet AMS blog. Insights, news & guidance

Tourist Residences: New Limits on Operators’ Monopoly Rights

By Séphora Amsellem on November 15, 2025

In a decision dated 16 October 2025, the French Supreme Court confirmed that the operator of a tourist residence cannot claim an absolute monopoly over all lettings within the residence.

Fraudulent conduct by the operator in drafting the lease: eviction indemnity set aside

By Séphora Amsellem on October 15, 2025

In 2025, the Civil Court issued a noteworthy decision for private landlords dealing with operators of tourist residences. A non-professional owner had leased an apartment within a tourist residence to an operating company. Upon expiry of the commercial lease, the landlord refused renewal, which would in principle entitle the tenant to an eviction indemnity. The operator accordingly claimed nearly €10,000.

Tourist residences: “subrogation” clauses in commercial leases do not deprive the owners’ association of its right to act

By Séphora Amsellem on October 9, 2025

In a published decision dated 22 May 2025, the French High Court confirmed an important principle regarding tourist residences operated under commercial lease structures: clauses inserted in favour of the operator do not deprive the owners’ association of its independent right to bring claims relating to common areas of the building.

Pierre & Vacances residences: invalid termination notice… but judicial termination of the lease against the operator

By Séphora Amsellem on September 16, 2025

In a judgment dated 16 July 2025 concerning the “Les Jardins d’Opale” residence operated by PV Exploitation France, the Paris Judicial Court reiterated an important principle under French commercial lease law: a termination notice served on the wrong entity is ineffective.

ELAN LAW & ITS EVOLUTIONS

By Séphora Amsellem on July 5, 2024

The ELAN Law introduces the mobility lease (furnished, 1 to 10 months, no security deposit) and extends rent control in high-demand areas, with possible penalties.

Charges of the unoccupied premises of an operated residence

By Séphora Amsellem on November 21, 2020

The French Supreme Court ruled that co-owners of vacant units within an operated residence remain liable for the charges relating to the catering and hotel service agreements provided for under the co-ownership regulations, even where their units are not operated by the company managing those services.