The Chambéry Court of Appeal has fully upheld the validity of the clause by which the tenant, in a subsequent amendment, waived its entitlement to eviction compensation, and has accordingly held that the notice given without compensation was perfectly valid (Chambéry Court of Appeal, 1 April 2025, RG No. 22/01498). The tenant company is therefore regarded as an occupier without right or title after the expiry of the lease and can claim neither eviction compensation nor the right to remain in the premises.
01The Court’s reasoning
The right to renewal had already been acquired
The Court points out that the tenant benefited from the commercial lease regime from the signing of the original lease in 2002. The right to renewal (and, failing that, to eviction compensation) was therefore an acquired right, a necessary condition for it to be validly waived.
The waiver is express, clear and unequivocal
The 2012 amendment contains a perfectly explicit clause by which the tenant undertakes not to claim eviction compensation in the event of non-renewal at certain expiry dates. This wording leaves no room for ambiguity.
No consideration is legally required
The Court specifies that the validity of such a waiver is not conditional on the existence of concessions by the landlord, even though, in this case, concessions (in particular a rent reduction) did exist.
The waiver is enforceable against the new owner
Although the amendment was signed with the former landlords, the current owning company can rely on it, since that amendment was the very basis on which the tenant had remained in the premises since 2012. The tenant cannot invoke the amendment to remain in the premises while refusing to let it take effect against it.
02Practical implications of the decision
This judgment confirms a consistent line of case law that offers reassurance to landlords:
- A commercial tenant can validly waive eviction compensation in advance, provided the right has already arisen.
- Such a clause, if it is clear, fully defeats any claim for compensation when renewal is refused.
- A tenant who remains after expiry becomes an occupier without right or title, with an occupation indemnity payable until the premises are actually vacated.
A tenant who remains after expiry becomes an occupier without right or title, with an occupation indemnity payable until the premises are actually vacated.
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