Disputes in this area can take different forms and relate to various parties:
- Between landlords and tenants
- Between co-owners
- Between neighbours
Litigation relating to residential leases
Difficulties often arise between landlord and tenant as a result of:
- Non-payment of rent
- Dispute as to the charges to be paid
- Work to be carried out
- Lack of maintenance of the building
- Disturbance affecting the use and enjoyment
- Sale of the property etc.
Such disputes are usually brought before the “Tribunal d’Instance” (lower civil Court of First Instance) located geographically near to the property.
This type of litigation may be complex but there are solutions to protect the interests of parties.
Triplet have bilingual experts who as Avocats can assist at every step of the procedure, even before the Courts, providing expert advice in English and in a manner understandable to those of a non-French culture.
Litigation relating to commercial leases
In French – singular « Bail Commercial » or plural « Baux Commerciaux »Commercial leases are highly regulated and, to a considerable degree, standardised by French statute.
The legal regime of French commercial leases requires extended knowledge of this area of law and requires extreme vigilance notably in relation to:
- Determining the rent both at the beginning of the lease but also upon its renewal
- Rent revision
- The length of the lease and its renewal
- The termination of the lease
Disputes in relation to commercial leases are dealt with by the “Tribunal de Grande Instance” (Higher Civil Court of First Instance) and the Juge des Loyers Commerciaux.
The procedure is quite specific and there are strict timescales to be complied with.
Triplet have bilingual experts who as Avocats can assist at every step of the procedure, providing expert advice in English and in a manner understandable to those of a non-French culture.
Owning an apartment in a co-ownership (“copropriété” in French) means that it is strongly advised to carefully read the co-ownership rules (“règlement de copropriété”) which applies and to comply with its rules.These rules often pre-exist prior to purchasing a property and are not negotiable.
Various issues may arise during the course of the ownership notably regarding:
- The apportionment between private areas and common areas
- The role of the “Conseil Syndical”
- The workings of the “Syndicat des copropriétaires”
- The running of AGMs and their decisions
- The apportionment and recovery of charges
- Works carried out
Each of the issues may lead to disputes and therefore litigation.
Triplet have bilingual experts who as Avocats can assist and provide expert advice in English.
Real estate litigation
In recent years there has been an increase in litigation relating to the sale/purchase of real estate in France.Litigation essentially relates to:
- Instances where the vendors or buyers, once they have signed the “compromis vente” (preliminary binding agreement), decide that they no longer wish to pursue the transaction
- Hidden defects, conformity defects or even consent issues which may lead to the transaction being declared null and void or to a price reduction by way of damages
This often relates to boundary lines or the exercise of an ownership right over real property:
- Boundary line surveys (“Bornage”)
- Adjoining properties
- Neighbourhood disturbances
Triplet have bilingual experts who can assist and provide expert advice in English and in a manner understandable to those of a non-French culture.
For a specific enquiry relating to property & real estate litigation please click here.