⚖ COURT DECISION IN FAVOR OF THE LANDLORD
The Bordeaux Court of Appeal ruled in favor of a property owner who had notified tenants of eviction to carry out construction work. This decision may reassure owners of energy-inefficient homes.
“Evicting a tenant to undertake major renovations, particularly to improve the building’s energy performance, is legal,” says real estate lawyer Pierre de Plater on LinkedIn. He refers to the court ruling dated January 6, 2025.
📜 LEGAL FRAMEWORK: WHAT DOES THE LAW SAY?
While this court decision is significant, such rights have long been enshrined in law. Article 15 of the law dated July 6, 1989 allows property owners to notify tenants of eviction to carry out renovations. However, as Pierre de Plater notes, starting from January 2025, a ban will come into effect preventing the rental of properties with a G energy rating. Violating this ban could result in accusations of renting “energy-inefficient” housing.
This restriction will affect 646,000 properties and will gradually apply as rental agreements are renewed. Current tenants are not immediately affected, but in the future, this rule will also apply to F-rated properties, which will be banned from rental starting in 2028.
🔨 CASE: DISPUTE BETWEEN LANDLORD AND TENANTS
In this case, the landlord notified tenants of eviction to carry out building renovations. However, the tenants considered this notice fraudulent and went to court to have it annulled. They argued that the reason for eviction was not legal or serious, claiming the work was unnecessary and could have been completed in a short period without evicting them.
The tenants also insisted that the apartment was in excellent condition, which, in their opinion, did not justify major renovations.
🏗 MAJOR RENOVATIONS REQUIRE TIME
The Bordeaux Court rejected the tenants’ arguments, stating:
“The landlord is not required to prove the absolute necessity of the work. The legitimacy of the eviction is sufficiently supported by the goal of comprehensive building renovation to improve energy efficiency and acoustic performance, especially if the systems are outdated,” the court ruling states.
The court also noted that these were extensive renovations, involving the removal of sanitary fixtures, radiators, and hot water systems, as well as the demolition of wall coverings.
🚫 LIVING DURING RENOVATIONS IS IMPOSSIBLE
The court emphasized that such work requires significant time and cannot be carried out with tenants living in the apartment due to dust, noise, and safety risks. To proceed with the renovations, all furniture must be removed from the premises.
Why was the apartment described as being in excellent condition? This assessment referred only to the apartment’s aesthetic condition and did not consider its energy efficiency or insulation. This did not undermine the legitimacy of the eviction.
💸 RESULT: DISMISSAL OF CLAIM AND COMPENSATION TO THE LANDLORD
As a result, the tenants’ claims were dismissed. Furthermore, they were ordered to pay the landlord 3,500 euros as compensation for legal expenses.
🔑 CONCLUSION:
This case highlights that landlords have the legal right to evict tenants for major renovations, particularly when related to improving the energy efficiency of housing—a matter becoming increasingly relevant with stricter rental regulations across Europe.
📞 If you are planning to buy or sell real estate, I will be happy to offer you professional support.
The Bordeaux Court of Appeal ruled in favor of a property owner who had notified tenants of eviction to carry out construction work. This decision may reassure owners of energy-inefficient homes.
“Evicting a tenant to undertake major renovations, particularly to improve the building’s energy performance, is legal,” says real estate lawyer Pierre de Plater on LinkedIn. He refers to the court ruling dated January 6, 2025.
📜 LEGAL FRAMEWORK: WHAT DOES THE LAW SAY?
While this court decision is significant, such rights have long been enshrined in law. Article 15 of the law dated July 6, 1989 allows property owners to notify tenants of eviction to carry out renovations. However, as Pierre de Plater notes, starting from January 2025, a ban will come into effect preventing the rental of properties with a G energy rating. Violating this ban could result in accusations of renting “energy-inefficient” housing.
This restriction will affect 646,000 properties and will gradually apply as rental agreements are renewed. Current tenants are not immediately affected, but in the future, this rule will also apply to F-rated properties, which will be banned from rental starting in 2028.
🔨 CASE: DISPUTE BETWEEN LANDLORD AND TENANTS
In this case, the landlord notified tenants of eviction to carry out building renovations. However, the tenants considered this notice fraudulent and went to court to have it annulled. They argued that the reason for eviction was not legal or serious, claiming the work was unnecessary and could have been completed in a short period without evicting them.
The tenants also insisted that the apartment was in excellent condition, which, in their opinion, did not justify major renovations.
🏗 MAJOR RENOVATIONS REQUIRE TIME
The Bordeaux Court rejected the tenants’ arguments, stating:
“The landlord is not required to prove the absolute necessity of the work. The legitimacy of the eviction is sufficiently supported by the goal of comprehensive building renovation to improve energy efficiency and acoustic performance, especially if the systems are outdated,” the court ruling states.
The court also noted that these were extensive renovations, involving the removal of sanitary fixtures, radiators, and hot water systems, as well as the demolition of wall coverings.
🚫 LIVING DURING RENOVATIONS IS IMPOSSIBLE
The court emphasized that such work requires significant time and cannot be carried out with tenants living in the apartment due to dust, noise, and safety risks. To proceed with the renovations, all furniture must be removed from the premises.
Why was the apartment described as being in excellent condition? This assessment referred only to the apartment’s aesthetic condition and did not consider its energy efficiency or insulation. This did not undermine the legitimacy of the eviction.
💸 RESULT: DISMISSAL OF CLAIM AND COMPENSATION TO THE LANDLORD
As a result, the tenants’ claims were dismissed. Furthermore, they were ordered to pay the landlord 3,500 euros as compensation for legal expenses.
🔑 CONCLUSION:
This case highlights that landlords have the legal right to evict tenants for major renovations, particularly when related to improving the energy efficiency of housing—a matter becoming increasingly relevant with stricter rental regulations across Europe.
📞 If you are planning to buy or sell real estate, I will be happy to offer you professional support.