In the absence of the lessor's leave, the verbal lease is tacitly renewed

A tenant occupies an apartment without a written lease. When his building is put in peril, he is forced to leave his home. He is rehoused by the commune, which asks the lenders in unison to reimburse him the costs of rehousing.

The Court of Appeal rejected the municipality's application. It held that the tenant was occupying the dwelling without entitlement or title. The Court of Appeal considers that the verbal lease, concluded from 1994 to 1998, does not imply that it is tacitly renewed or renewed.

The Court of Cassation quashes the judgment of the Court of Appeal. It points out that, under the Law of 6 July 1989, the verbal lease for a dwelling used as a principal dwelling is concluded for a period of at least three years, whether for landlords who are natural persons, for landlords in family civil real estate business (SCI) or in undivided status. In the absence of any written leave granted by the lessors, this contract, which has come to an end, shall be tacitly renewed for a three-year period.