Studea Daumesnil eviction compensation

Nexity Studea Daumesnil furnished sublet for students

Nexity Studea Daumesnil: The ruling handed down by the Paris judicial court on July 11, 2024 concerns a dispute between S.A.S. NEXITY STUDÉA and Mr [F] [M] over a commercial lease. The initial lease, signed in 1997, concerned an apartment intended for furnished subletting to students in the Nexity Studea Daumesnil residence. The lease was renewed in 2006 for nine years. In 2012, Mr [F] [M] bought the apartment and in 2017 served notice on NEXITY STUDÉA, refusing to renew the lease and offering an eviction indemnity.

NEXITY STUDÉA is claiming an eviction indemnity of 48,039 euros.

NEXITY STUDÉA claimed an eviction indemnity of 39,731.60 euros, and then sued Mr [F] [M] for 48,039.87 euros. Mr [F] [M] also sued NEXITY STUDÉA for an occupancy indemnity. The two cases have been joined under number RG 20/04605.

The court rejected Mr [F] [M]’s request for a second expert opinion, considering that the initial expert had correctly carried out his mission. The court also rejected NEXITY STUDÉA’s request to forfeit its right to an eviction indemnity, as Mr. [F] [M] had not provided prior formal notice.

Nexity Studea Daumesnil: eviction compensation

The court set the eviction indemnity at a total of 28,055.57 euros. The lessor won €20,000.

Main compensation

The court awarded a principal indemnity of €19,263.

Ancillary compensation

The judges awarded replacement costs of 3,926.30 euros, commercial disturbance of 636.27 euros, operating disturbance of 3,730 euros, and miscellaneous costs of 500 euros. This sum will bear interest at the legal rate from the date of judgment.

Occupancy indemnity

The occupancy indemnity owed by NEXITY STUDÉA to Mr. [F] [M] has been set at 4,512 euros per year, indexed annually, from July 1, 2018 until the premises are vacated. NEXITY STUDÉA must also pay rental charges and taxes until that date.

The costs of the proceedings will be shared equally between the parties, and neither party has obtained reimbursement of expenses not included in the costs. The provisional execution of the decision has been set aside in view of Mr [F] [M]’s right of repentance.

In summary, the court ruled in favour of NEXITY STUDÉA for the eviction indemnity, while fixing an occupancy indemnity for Mr. [F] [M], and rejected the requests for counter-expertise and forfeiture of rights. 

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