A co-ownership lot with an exclusive right of enjoyment of a common part may be rented or sold without that right. This was recalled by the Court of Cassation in a judgment of 23 September 2021.
A tenant occupied a room on the ground floor to which the private use of the building's courtyard was attached. He complained that he did not have the key to access the court. He stated that the rental of the condominium lot was accompanied by all the rights attached to it, including the right of access to this court.
The Court of Appeal notes that a co-owner may rent the private parts of his lot, independently of the private use right on the common parts attached to this lot. It also notes that, according to the terms of the lease agreement, the lessor had not wished to give its tenant the right to use the yard of the building.
The Court of Cassation upholds that judgment and dismisses the appeal.
