A one-year rental contract for a mobile home location is not abusive

The owner of a mobile home signs a rental agreement with a business operating a campsite.

An article of the contract stipulates that it is concluded for the current calendar year, until 31 December, and that it is not renewable by tacit renewal. It is also specified that, two months before the end of the current contract, the parties may agree to sign a new one on 1^er January of each new year.

At the end of the year, the business operating the campsite informs the tenant that work makes it impossible to rent the site for the following year.

The tenant initiates proceedings against the operator because he considers that the clause limiting the duration of the contract to one year is unfair. It also considers that the contract should be classified as a permanent location and requests that the leave be canceled.

The Court of Appeal noted that the contract signed was recommended by the Fédération nationale de l'hôtellerie de plein air. The court held that the one-year limitation clause was not unfair. This clause, which deals with the subject matter of the contract, is clear and understandable. It does not create an imbalance between the rights and obligations of mobile home owners and campsite operators.

The Court rejects the application for the lease contract to be classified as a permanent location agreement and the application for annulment of the leave.

The Court of Cassation upholds that decision and dismisses the appeal.