Termination of Commercial Leases by the Acquirer: An End to Legal Uncertainty

In the "Judge’s Opinion" column of Federia magazine, Dominique Janssen has written an article addressing the controversial question of when the three-month period begins during which the acquirer of a property may serve notice to terminate the commercial lease attached to that property.

She outlines the origins of this controversy, presents the various legal views that have emerged in this context, and discusses the solution adopted by the Court of Cassation in its judgment of 18 October 2024.

Finally, she highlights the practical challenges posed by the Court’s solution, which requires the precise determination of the moment at which the acquirer obtains a right to the property — a moment that entails both the transfer or creation of a real right and the actual exercise of lease-related rights and duties, such as rent collection.