116,206 euros in Covid rents for lessors of the Adagio Massy tourist residence
25 lessors who own this PIERRE ET VACANCES residence have obtained an order against the operator to pay their unpaid rents under the pretext of confinements now dating from 2020 and 2021.
The court ordered the operator to pay €116,206, comprising €108,526 in commercial rents and €7,680 in legal costs (article 700).
The Evry court ruled that the lessors had not committed any fault or breach of contract.
In their ruling of 7 April 2022, the judges pointed out that the lessor’s obligation to deliver does not imply an obligation to guarantee the lessee the stability of the regulatory framework in which his business is conducted:
“Indeed, while the various administrative decrees and measures do objectively and indisputably affect the peaceful enjoyment of the leased premises, since by prohibiting the reception of the public, the administrative measures prevent the lessee from enjoying the premises in accordance with their contractual purpose, the lessor cannot be accused of any fault that has made it impossible for the lessee to carry on his hotel business.
Furthermore, the lessor’s obligation to deliver does not imply an obligation to guarantee the lessee the stability of the normative framework in which his business is carried on, provided that the consistency and condition of the premises handed over to him enable him to carry on the business for which they were contractually intended.
As a result, SAS ADAGIO’s plea of non-performance will be rejected.
Judgements of the Evry Court of 7 April 2022, 8th Civil Division, RG n°21/01846 and n°21/01848
On 30 June 2022, the Court of Cassation handed down two rulings and published a press release confirming this solution.
A general and temporary ban on receiving members of the public does not result in the loss of the rented property and does not constitute a breach by the lessor of his obligation to deliver.
A tenant is not entitled to rely on force majeure to avoid paying rent.
“Key point: loss of the leased property
Article 1722 of the Civil Code: A tenant may ask for the price of the lease to be reduced or for it to be terminated if he has lost the thing he is renting through unforeseen circumstances.
The ban on receiving members of the public during a health crisis could not be equated with a loss of the leased property within the meaning of article 1722 of the Civil Code.
This prohibition :
was general and temporary ;
was aimed solely at protecting public health; and
was not directly related to the purpose of the leased premises as set out in the contract.
The shopkeepers were therefore not entitled to request a reduction in their rent.
Cour de cassation press release, 30 June 2022
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