Nov 5

Valid lease? Just as well, in good faith after three years:



After its latest huge recodification, among other things that it brought, the Civil Code introduced new Section 2238 with a short text of a significant scope. Under certain circumstances, you have a completely legal possibility to get a valid lease contract where there has not been one and transform your living arrangements which have not been based on a valid lease contract until then into legally perfect arrangements where a valid lease contract gets concluded based on a fiction.

Section 2238 provides that where a tenant has been using an apartment for three years in good faith that he holds a lawful lease, a lease contract is considered as properly concluded.

So what is required for a lawful use of an apartment after three years without a valid lease contract??

Several conditions must be met at the same time. Except for the use for three years, it is most of all good faith. Tenant’s good faith gets lost and cannot be proven once the tenant learns about any circumstances raising doubts as to validity of his lease contract. Good faith is presumed until the landlord proves otherwise.

After three years of using an apartment by a tenant, provided that it was in good faith, the apartment use is considered to be the use based on a valid lease contract, although such contract has never been made in writing or otherwise, or it has not been validly agreed. It is a kind of usucaption of lease.

This provision provides a considerable protection of tenants’ rights. The protection of tenants has been growing stronger in the recent years.

Are the issues of apartment lease important to you? Do you hold doubts about your lease agreement to which you are a party? Or do you have doubts about the validity of any provision in your lease contract? You can contact us about your question any time. We will be glad to provide full legal services to resolve your matter, or to assess your contract etc.