The owner who gives notice to his tenant with a view to selling the building is not required to describe this property with perfect precision, according to the Court of Cassation.
In a judgment (R22-16.662) dated January 25, 2024, the third civil chamber of the Court of Cassation therefore ruled against a tenant who considered his leave irregular since the owner did not describe the land of the house. , the garage or the access road.
According to the 1989 law which regulates relations between owner and tenant, the leave given to sell the accommodation constitutes an offer of sale for the benefit of the tenant which thus has a right of pre-emption. The tenant in this case demanded a precise description of the property, even though he had been the occupant for more than two years. Without such a precise description, it is not possible to make a decision and decide to acquire, he said.
An omission not likely to create harm
Thus, he observed, it is not indicated that the house is built on a plot of land, that it houses a garage or that the access road is a common part of co-ownership. The notice must indicate precisely what is for salehe concluded by refusing to make his decision known, remaining in the premises and contesting the eviction request and the obligation to pay occupation compensation.
But for the judges, the omission of these details was not likely to cause harm or mislead the occupant places since he knew them. Furthermore, to assert a risk of error, he would have had to demonstrate at least an intention to acquire, which was never the case.
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