In brief:
Dispossession of the operator SAINT JEAN DE MONTS: The landlords, exasperated by the bad faith of the operator of the Madame Vacances brand ofEurogroup, changed the locks of their villa. This led to significant convictions.
Cancellation of the clause waiving the eviction indemnity
Summary of the ruling of the Poitiers Court of Appeal of 25 February 2025
The dispute in question is between the limited liability company (SARL) [Location 14] and Mr and Mrs [S], concerning a commercial lease for an Emerald-type villa in a holiday residence. Mr and Mrs [S] acquired this villa in 2002 and leased it to the company [Location 14] for a period of nine years, with a clause waiving the eviction compensation in the event of non-renewal of the commercial lease. In 2013, Mr and Mrs [S] notified their intention to terminate the lease without offering to renew it or pay compensation, which led to legal proceedings.
A subsidiary of EUROGROUP trading under the name MADAME VACANCES
SARL SAINT JEAN DE MONTS is a subsidiary of the company EUROGROUP, a tour operator which, for more than 25 years, has been marketing holidays in seaside or mountain residences and hotels, in particular under the name ‘Madame Vacances’.
Court proceedings
The Sables d’Olonne court initially ruled that the waiver clause was valid, dismissing the [Locality 14] company’s claim for eviction compensation. The Poitiers court of appeal then overturned this decision, declaring the clause unwritten and ordering an expert assessment to evaluate the eviction compensation. The Court of Cassation partially overturned this judgement, referring the case back to the Poitiers Court of Appeal.
Analysis of the waiver clause
The court of appeal examined the validity of the clause waiving the eviction indemnity. Although the 2014 Pinel law rendered this type of clause unwritten, the company [Location 14] argued that the nullity of the clause could still be invoked. The court concluded that the clause was null and void, allowing the company to claim an eviction indemnity.
Assessment of the eviction indemnity
The expert assessment valued the eviction indemnity at 54,400 euros, based on the market value and the losses incurred by the company [Location 14]. The court approved this assessment, ordering Mr and Mrs [S] to pay this sum, as well as an additional indemnity for the period of dispossession of the premises.
Landlords pay dearly for changing the locks
Dispossession of the operator of the tourist residence, the company SAINT JEAN DE MONTS
The company [Locality 14] continued to operate the villa until 2016, when Mr and Mrs [S] repossessed the premises. The court ruled that this repossession was illegal and ordered Mr and Mrs [S] to pay compensation of 77,000 euros for the period of dispossession, as well as monthly compensation of 770 euros until the actual payment of the eviction compensation.
Requests from the lessors Mr and Mrs S
Mr and Mrs [S] requested the reimbursement of various sums, in particular repair and maintenance costs. The court declared several of these requests inadmissible, due to their statute-barred nature or their rejection by previous decisions.
Irrecoverable Expenses and Costs
The court ordered Mr and Mrs [S] to pay 10,000 euros to the company [Location 14] for unrecoverable costs at first instance and on appeal, as well as the costs of the proceedings.
Conclusion
The Poitiers Court of Appeal ruled in favour of the company [Locality 14], confirming the invalidity of the clause waiving the eviction compensation and, above all, compensation for dispossession, ordering Mr and Mrs [S] to pay substantial compensation.
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