Lessor Appeal on Lease Termination Without Formal Default Notice

A lessor appealed a lower court's decision which had confirmed a lease termination by the lessee based on the lessor's failure to perform necessary repairs to maintain the premises in a habitable condition, arguing that the lessee had merely requested repairs without formally putting the lessor in default. The Court of Cassation quashed the lower court's decision, reasoning that while the lessor's failure to make agreed-upon repairs constitutes a breach of the lease obligations, the lessee must formally put the lessor in default, pursuant to civil procedure rules, before seeking judicial termination of the contract.