English
FrançaisHello,
does anyone on this forum know of any owner or any resort where operator handed keys back to owners with no compensation (eviction-indemnity) paid?
I'm not looking for feedback from the many of you who have had to pay compensation or operators that went onto liquidation.
Just wondering if there are cases where resort was relatively stable re rents being paid and lease had a zero-indemity clause and if owners exited with no issues?
Is that just a fairytale or has it ever been a reality for even a small number of owners?
I had this indemnity clause, in my lease - afraid it cannot be upheld in French courts - getting out without paying is a fairytale
Apparently, very recently, there has been some progress in relation to this.
A recent case decision by the Supreme Court concluded that the loi Pinel could not be applied retrospectively. As a Supreme Court ruling can NOT
be appealed, there is now precedent.
In addition, a recent High Court ruling, the judge ruled that the Loi Pinel cannot be applied retrospectively as this would breach Article 2 of the Civil Code
It was explained that when the operator acquired the leases from the original operator they had a period of two years (Commercial Code clause 145-60) to change or delete
a clause which is unenforceable (ie. the clause waiving the demand for eviction compensation). As the operator did not do this, the clause stands.
This is a very recent case and the transcript has not yet appeared on the public domain.
Thanks CathW, do you have any links in french or english linked to that case?
Wow if this is the case Cath it could be the answer to a lot of frustrared owners all be it the legal costs could be high cos they will fight it tooth and nail
Hi. Only seeing this now.... I was in a leaseback with Odalys and they left at the end of the lease without compensation so a slightly different situation but maybe relevant. Feel Free to PM if you want to know more.....Woody