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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My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
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I wish to purchase a property in joint ownership with my father. I will buy the bare ownership, and he will buy the usufruct. However, my father proposes to pay the entire price. Is he allowed to do so?

No. If you are buying the bare ownership, you must pay for it. Therefore, if you do not have the finances, two separate operations are necessary. First, your father must make a monetary gift to you. Then, you can use the gifted money to purchase the bare ownership.
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I own an undivided share of a co-owned apartment. Do all co-owners of the undivided share have the right to attend the general meeting of the co-ownership?

No. Article 23, paragraph 2, of Law No. 65-557 of 10 July 1965 provides that “in the case of joint ownership, the co-owners must be represented by a common representative.” You must therefore choose who will attend the meeting. If no agreement is reached, the president of the judicial court…
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