Le blog du Cabinet AMS. Analyses, actualités & conseils
Des contenus clairs et pratiques pour comprendre vos enjeux juridiques et sécuriser vos décisions.
The Sale of the Property May Constitute an Exercise of the Landlord’s Right of Withdrawal
By Séphora Amsellem on April 12, 2026
The Court of Appeal of Aix en provence confirmed that the sale of a property may, in certain circumstances, amount to an exercise of the landlord’s “right of withdrawal” (“droit de repentir”) under French commercial lease law.
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.
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.
The Court of Appeal of LYON Confirms That Sellers Cannot Shift the Risk Entirely onto the Operator
By Séphora Amsellem on February 20, 2026
The Court of Appeal of LYON confirmed that a seller involved in a tourist residence investment scheme cannot escape liability by arguing that the difficulties encountered by investors fall exclusively within the responsibility of the residence operator.
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.
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.
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.
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.
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 for a Loueur en Meublé Professionnel (LMP) to be registered with the French Trade and Companies Register was unconstitutional.
Competition Is Not Enough: No Rent Revision Without Material Change in Market Conditions
By Séphora Amsellem on October 25, 2018
In view of the fact that rents in tourist residences are often overestimated, operators frequently seek a judicial revision of the rent to align it with the actual rental value before the expiry of the lease. Such claims may only succeed where there is evidence of a material change in local market conditions.
Tourist Residences: TV Licence Fee Must Be Borne by the Operator
By Séphora Amsellem on June 6, 2018
The French Council of State, the highest administrative court in France, ruled that the television licence fee applicable to tourist residences must be borne by the operator managing the residence.