The Court of Cassation recently ruled that a landlord annoyed by his neighbor can succeed in evicting him, without the latter being his tenant.

In his column on Europe 1, Saturday morning, the lawyer Roland Perez returns to this legal curiosity.   

The Court of Cassation reserves its share of surprises every day.

Here is one, which dates back to April: it is about an owner who would have succeeded in obtaining in court the termination of the lease of his neighbor who annoyed him.

As the lawyer Roland Perez explains on Europe 1, Saturday morning, this indeed relates to the issue of oblique action, a notion that he deciphers for listeners.

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"Barely a few weeks ago, the Court of Cassation rendered a very unexpected decision: it allows a landlord victim of the indelicate behavior of his neighbor to obtain his eviction after termination of his lease contract. an urban condominium, the ground floor of the building is occupied by a moped rental and repair company. Neighbors complain about the noise generated by this activity. They also point out that the common areas were very often crowded by the merchant's machines, as well as the comings and goings of customers who passed by the building to retrieve the mopeds, and this all day long.

The tenant and his owner stunned by the judgment 

One of the owners, particularly embarrassed, had asked the owner of the premises to act against his tenant so that the latter respects the regulations of the building and in particular its security and tranquility.

In vain, so that the victim neighbor will go to court and ask that the lease contract that binds the tenant causing the nuisance to his lessor be terminated.

What he is going to achieve against all expectations, even though he is not a party to the rental contract, which he nevertheless requested to be terminated.

The owner of the premises and his tenant were stunned by such a judgment.

Substitution

Such an action was successful because there is in the Civil Code what is called oblique action. When a person does not exercise a right that is his and that this abstention causes prejudice to another person, the latter can substitute for him to exercise this right. In this case, here, a legal action to put an end to the disturbance generated by the activity of the tenant. In this case, the condominium regulations were not respected by a tenant and the lessor of the premises did not budge. The neighbor who suffered directly from it was able to act in the place of the lessor, because it must be remembered that the right to property is sacred in France. "