Frequently asked questions about Immobilier

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I am a commercial landlord. I wish to dismiss my tenant with a renewal offer. Do I have to do it via a bailiff?

Yes. In accordance with the provisions of the last paragraph of Article L145-9 of the Commercial Code, a notice must be given by extrajudicial act, i.e., by the bailiff. Any leave issued in any other form is void. The nullity of the leave can only be raised by its recipient…
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Four years ago, my siblings and I inherited our parents’ house. I am now selling my share to my sister for a price higher than the value estimated at the time of death. Will I be taxed on the capital gain?

No. The division of property resulting from an inheritance between the original co-heirs, their spouses, ascendants, descendants, or universal successors is not subject to capital gains tax (Article 150 U IV of the French General Tax Code).
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I would like to extend my house. My project provides for the new construction to be built on the boundary with my neighbour’s property. Do I have the right to do this?

It depends. The law does not expressly prohibit it. However, it refers to local planning rules (contained in the local urban plan, or PLU). You should therefore contact the town hall of the municipality where your house is located (Art. L.151-17 of the French Town Planning Code).
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My father has passed away. He was the sole owner of a house where he lived with his wife. In his holographic will, he deprived her of her legal rights to the estate and gave her the usufruct of his movable property. Can she continue to live in the house?

Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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