VACANCEOLE sued again

Summary of the judgment of the La Rochelle Judicial Court (General Civil Litigation) – 7 April 2026, No. 24/02780

Eight co-owners and landlords (including private individuals and the limited liability companies [W] and [O]) brought proceedings against S.A.S. VACANCEOLE DOMAINE DU CHATEAU (the tenant) for:

• The payment of outstanding rent (period: first quarter of 2020 – 28 February 2025).
• The disclosure of accounting documents (income statements, balance sheets, occupancy rates) for the years 2019–2024.
• Damages for unreasonable obstruction (minimum €10,000 per claimant).

The tenant contested the admissibility of the claims (limitation period, lack of distinction) and filed counterclaims for overpayment.

Claims and grounds

• Landlords:
  • Unpaid rent: Calculated on the basis of 40% of accommodation turnover (with a guaranteed minimum per unit) + indexation (construction cost index).
  • Disputed discounts: Certain landlords (e.g. Mr [D]) had agreed to a 15% reduction in 2018–2019, but the tenant is alleged to have improperly extended this to all landlords and continued to apply it after 2019.
  • Duty to provide information: The leases stipulate that the tenant must provide operating accounts, occupancy rates, and significant events (Art. L. 321-2 of the Tourism Code).
• Tenant (VACANCEOLE):
  • Pleas in law:
    • Two-year limitation period (Art. L. 145-60 of the Commercial Code) for rent prior to 2020.
    • Undifferentiated claims (aggregate amounts not itemised by landlord).
    • Lack of standing to sue for Ms [K] and SARL [O] (no proof of ownership).
  • Counterclaims: Overpayment of rent (e.g. €4,998.80 for Mr [J]) due to calculation errors.

Court decision

1. On the points of inadmissibility:
   • Dismissed:
     • Limitation period: The action for payment of rent is subject to the five-year limitation period (Art. 2224 of the Civil Code), not the two-year period (Art. L. 145-60 applies only to specific actions under the Commercial Leases Act, such as rent review).
     • Standing to sue: Ms [K] and SARL [O] have proved their ownership (notarised certificate for SARL [O], lease naming Ms [K]).
     • Separate claims: The amounts claimed are individual (per landlord).
2. Regarding unpaid rent:
   • Partial award:
     • The court applies the 15% reduction only to landlords who signed an addendum (Mr [D], Mr and Mrs [I]).
     • Amounts due (period 2020–February 2025):
       • Mr [J]: €3,463.14
       • Mr [D]: €3,732.93
       • Mr and Mrs [N]: €8,735.42
       • SARL [O]: €16,076.32
       • Mr and Mrs [I]: €9,403.62
       • SARL [W]: €8,171.70
     • Statutory interest from the first quarter of 2020 (due date).
   • Dismissal of counterclaims: The tenant has not proved any overpayment.
3. Regarding the production of documents:
   • Order subject to a penalty payment:
     • The tenant must produce the following within one month:
       • Operating accounts (2019–2024).
       • Balance sheets showing occupancy rates and trends in expenditure/income.
     • Penalty payment: €150 per day of delay (to be determined by the enforcement judge).
4. Regarding damages for unreasonable resistance:
   • Dismissed: The tenant’s resistance is not unreasonable (no proven intent to cause harm).
5. Costs and enforcement:
   • Legal costs: To be borne by VACANCEOLE.
   • Article 700: €3,000 for all landlords (single sum).
   • Provisional enforcement: Uphold (no objection raised).

Legal issues

• Limitation period: Rent is subject to the five-year limitation period (Art. 2224 Civil Code), even in commercial leases.
• Proof of rent reductions: Only rent reductions formalised by a supplementary agreement are enforceable.
• Obligation of transparency: The tenant of a tourist residence must provide detailed accounting documents (Art. L. 321-2 Tourism Code).