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La société d’avocats Damy

La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.  

While during the course of a contractual relationship, the holder of a mixed-use lease is not obliged to use the premises both for housing and for the exercise of his profession, the right to renew the lease is subject to the condition that, at the end of the contract, he occupies at least partially the premises for his main dwelling. In the particular case, a lease, initially entered into under Article 3e of the 1948 law, tacitly renewed and finally subject to the 1989 law, had been granted to a professional civil society of lawyers for the housing of one of its members and the exercise of its activity.

On the grounds that the premises were used exclusively for professional purposes, the landlord gave his tenant leave, not on the basis of Article 15 of Law 89-462 of 6 July 1989, but "in accordance with the provisions of the Civil Code, the terms of your rental contract and Article L. 632-1 of the Code de la construction et de l' habitation[on furnished rentals]". Faced with the tenant's refusal to comply, the landlord took the case to court, with a view to validating the leave and expelling the occupant. He was unsuccessful in his appeal (Paris, 31 May 2011, AJDI 2012.272) for failing to address, in his leave, any of the grounds provided for in Article 15 (which, it should be recalled, authorizes the lessor to grant leave only for resumption, for sale or for legitimate and serious reasons). In the light of the aforementioned case law of the plenary assembly of the Court of Cassation, it is logically rejected, in that he tried to argue that the 1989 law should not be applied in view of the exclusively professional use of the premises. It is, however, understood when it states, in the alternative, that the use of the premises by the lessee for exclusively professional use constitutes a legitimate and serious ground for refusing to renew the lease within the meaning of Article 15-I of the law (in such circumstances, holding that there is a serious and legitimate reason and stating that a lessor is not acting in bad faith when he issues a leave of absence for legitimate and serious reasons, even though he has allowed the contract to be renewed or provoked its renewal on several occasions.

The High Court in fact censored the Parisian judge's decision, for having ruled out the existence of such a ground without stating that the rented premises had been used as the main residence, at least partially, at the end of the contract (by chance, the leave was granted more than six months before the end of the contract: on 28 March for 30 September, or in compliance with the time limit imposed by the 1989 law). lawyer Case, 06 (nice)