Blog posts written by
Séphora Amsellem

Find here all publications by Séphora Amsellem.

Tourist residences: the pandemic does not excuse non-payment of rent

Tourist residences: the pandemic does not excuse non-payment of rent

By Séphora Amsellem on March 15, 2026

The Civil Court of Albertville, provides a further illustration of the limits of the arguments commonly raised by operators of tourist residences to avoid payment of rent.
Selected French Leaseback Cases
Loss of commercial lease protection due to lack of registration

Loss of commercial lease protection due to lack of registration

By Séphora Amsellem on February 25, 2026

The judge in emergency proceedings of the Civil Court of Albertville has issued a particularly instructive decision for landlords of tourist residences seeking to terminate a commercial lease without payment of eviction compensation.
Selected French Leaseback Cases
Irregular transfer and loss of commercial lease status

Irregular transfer and loss of commercial lease status

By Séphora Amsellem on January 30, 2026

The Civil Court of Grenoble has issued a particularly instructive decision for landlords of tourist residences facing changes of operator.
Selected French Leaseback Cases
Your ultimate guide to start thinking doing business in France

Your ultimate guide to start thinking doing business in France

By Séphora Amsellem on January 22, 2026

As the Wall Street Journal has labelled the French economy "pro-business overhaul", it's now time to consider expanding your business/making investments in France.
Your ultimate guide to start thinking doing business in France
Fraudulent conduct by the operator in drafting the lease: eviction indemnity set aside

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.
Selected French Leaseback Cases
ELAN LAW & ITS EVOLUTIONS

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.
Elan Law
Charges of the unoccupied premises of an operated residence

Charges of the unoccupied premises of an operated residence

By Séphora Amsellem on November 21, 2020

French Supreme Court ruled that the co-owners of unoccupied premises of an operated residence have to pay the charges in relation to the catering and hotel agreements provided under the co-ownership rules even though premises are not operated by the company that manages the catering and hotel services.
Selected French Leaseback Cases
VEFA statutory regulation

VEFA statutory regulation

By Séphora Amsellem on May 23, 2019

Most of the French leaseback schemes start with a two stages process contract: a contrat de réservation (preliminary contract) is signed before entering into the final vente en l’état futur d’achèvement (VEFA) contract.
Selected French Leaseback Cases
LMP Status: Mandatory Registration with the French Trade and Companies Register Held Unconstitutional

LMP Status: Mandatory Registration with the French Trade and Companies Register Held Unconstitutional

By Séphora Amsellem on February 8, 2019

The French Constitutional Court ruled that the requirement of the registration of Loueur Meublé Professionnel (professional lessor of furnished property) with the French Trade and Company Registrar is unconstitutional.
Selected French Leaseback Cases
Competition Is Not Enough: No Rent Revision Without Material Change in Market Conditions

Competition Is Not Enough: No Rent Revision Without Material Change in Market Conditions

By Séphora Amsellem on October 25, 2018

Knowing that the rents are typically overestimated, the operators of residences of tourism are willing to make the rent judicially set at their rental value before the term of the leases.
Selected French Leaseback cases
Tourist Residences: TV Licence Fee Must Be Borne by the Operator

Tourist Residences: TV Licence Fee Must Be Borne by the Operator

By Séphora Amsellem on June 6, 2018

The French Council of State (Supreme court for administrative justice) ruled that the operator of a tourist residence shall bear the television licence fee.
Selected French Leaseback Cases
The liability of the real estate agency

The liability of the real estate agency

By Séphora Amsellem on February 8, 2018

In this case, the Supreme Court ruled that the real estate agency specialised in real estate investments breached its obligation to provide the relevant information and advices to the purchasers of a property brought through a VEFA contract (vente en l’état futur d’achèvement) and operated in a tourist residence.
Selected French Leaseback cases