by Bruno Traesch | Feb 22, 2025 | Tourist and student accommodation
Nexity Studea is asking for eviction indemnity: A ruling by the Versailles Court of Appeal was handed down on March 2, 2023, concerning a dispute between the company Nexity Studea and Ms. [W] [R] over a commercial lease for a studio in a student residence.
Nexity Studea: Background to the dispute
– Commercial lease: Ms. [R] leased a studio apartment from Nexity Studea (formerly SGRS and Lamy Résidences) for a period of nine years starting in 1999.
– Refusal to renew: In 2008 and 2009, Ms. [R] gave notice to vacate without offering to renew the lease with the operator.
– Eviction compensation: The company Nexity Studea has requested eviction compensation, and a legal expert has been appointed to assess the amount.
First instance decision
– Judgment of May 10, 2021: The Nanterre Court set the eviction indemnity at €14,912.57 and the annual occupancy indemnity at €4,380.
– Appeal: The company Nexity Studea has appealed this decision.
Final Decision on the eviction indemnity of Nexity Studea
– Principal eviction indemnity: The court reassessed the principal eviction indemnity at €13,677, taking into account the nature of the activity of the company NEXITY STUDEA, which is somewhere between that of a property manager and that of a hotel operator.
– Reinvestment allowance: The court rejected the claim of the lessee (tenant) concerning the reinvestment allowance, deeming that it had not demonstrated its intention to relocate.
– Compensation for commercial disruption: Confirmed at €797.76.
– Fixed costs: Confirmed at €179.63.
– Removal costs: Confirmed at €300.
– Administrative costs: Confirmed at €50.
– Occupancy allowance: Confirmed at €4,380 per year.
Conclusion
– The court set the total amount of the eviction compensation at €15,004.39.
– The company Nexity Studea was ordered to pay €2,000 to Ms. [R] for the costs of the proceedings and the costs of the appeal.
The judgment rejects the claim for reinvestment compensation from Nexity Studea.
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