How much costs the eviction ?
Residence Nexity Studea Clichy: The judgment handed down on July 1, 2024 by the Nanterre judicial court concerns a dispute between NEXITY STUDEA and a lessor.
Summary of facts and decision: eviction compensation for the Nexity Studea Clichy residence.
Background to the Nexity Studea Clichy residence
In 2008, Mr B M leased premises to LAMY RESIDENCES (now NEXITY STUDEA) for a student residence. 2010 M. A purchased the premises in 2010. In 2017, Mr. A refused to renew the lease and proposed an eviction indemnity. The parties have not reached agreement on the amount of this indemnity for the Résidence Nexity Studea Clichy apartment.
Legal proceedings: expert appraisal and main proceedings
NEXITY STUDEA sued Mr. A for payment of the eviction indemnity. In 2021, the court confirmed that NEXITY STUDEA was entitled to eviction compensation and ordered an expert appraisal to determine the amount. The expert, Ms. BACOT-REAUME, estimated the eviction indemnity at 15,549 euros and the annual occupancy indemnity at 5,500 euros.
Claims by the operator of the student residence and the lessor of the Nexity Studea residence
– NEXITY STUDEA claimed 34,045.83 euros in eviction compensation.
– Mr. A requested judicial termination of the lease or eviction compensation set at 13,479.30 euros for the apartment in the student residence in Clichy.
Court ruling on eviction compensation
The court rejected the request for judicial termination of the lease on the student residence property.
– It set the eviction compensation at 13,549 euros, including :
– 12,673 euros for the main indemnity,
– 180 euros for the commercial disturbance,
– 696 euros for unamortized work.
It rejected the claims for ancillary compensation that were not supported by sufficient evidence.
– The occupancy indemnity payable by NEXITY STUDEA was set at 5,396 euros per year, from October 1, 2017, until the premises are vacated.
– Costs, including expert fees, will be borne equally by each party.
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