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Protection of tenants A company that owns a building and intends to sell it in separate lots has notified the tenants of the accommodation of an offer to sell under article 10 of the law of 31 December 1975. However, the tenants , invoking the mandatory collective agreement of June 9, 1998, rendered enforceable by decree no. 99-628 of July 22, 1999, argued that the company had not complied with its provisions. As a result , they took legal action to have the offer to sell void.
Tenant Rights and Collective Bargaining: Maintain Tenant Protection: –
The Court of Appeal (CA Paris, February 3, 2011) granted the tenants’ request, and the Court of Cassation subsequently upheld this decision. First, the collective agreement at issue did not only cover the implementation of holiday sales, but also covered sales offers. Therefore, the tenants were entitled to avail themselves of the provisions of this agreement. Secondly, no consultation with the tenants had taken place on the methods of carrying out the technical expertise.
As the company did not comply with the mandatory provisions of article 2.2 paragraph 1 of the agreement of June 9, 1998, the offer to sell was deemed void.
Cancellation of the offer to sell: legal obligations and consequences: –
This case highlights the importance of respecting legal obligations and the rights of tenants when making offers to sell. Landlords and landlords should not only consider applicable laws, but also consider any collective agreements or additional regulations that may apply. Failure to comply with these obligations may result in the nullity of the offers and possible legal repercussions.
In situations where a property owner intends to sell tenant-occupied units or portions of a property, it is crucial to ensure that all necessary consultations and procedures are followed. This includes adhering to provisions set out in collective agreements, seeking tenant input when needed, and complying with technical assessment requirements mandated by law.
To navigate such complex legal matters and avoid potential legal challenges, it is advisable to consult legal professionals who specialize in real estate and tenancy laws. They can provide advice and ensure compliance with applicable regulations, protecting the rights of landlords and tenants.
By adhering to legal obligations and respecting tenant rights, landlords can facilitate smooth and legal transactions while maintaining a fair and transparent relationship with their tenants.
