Lessor v. Tenant: Implied Modification of Lease Payment Terms
France (FR)
Synthèse Legislator
Généré par l'IAA lessor sued a tenant for eviction following the non-payment of rent and demanded payment of arrears and associated damages, arguing that the lease, which provided for monthly rent payments due on the 5th of each month, was properly terminated after three consecutive months of non-payment, constituting a material breach justifying termination under the lease terms. The court, however, rejected the lessor's claim because the evidence demonstrated that despite the agreed-upon due date, the tenant habitually paid rent on the 10th of the month, a practice consistently accepted without objection by the lessor, thereby establishing an implied modification to the payment term that meant the rent was not yet due on the 5th of the month when the eviction notice was served, thus precluding a finding of default and subsequent termination.
Regeste Legislator
Généré par l'IALessor v. Tenant: Implied Modification of Lease Payment Terms: The court, however, rejected the lessor's claim because the evidence demonstrated that despite the agreed-upon due date, the tenant habitually paid rent on the 10th of the month, a practice consistently accepted without objection by the lessor, thereby establishing an implied modification to the payment term that meant the rent was not yet due on the 5th of the month when the eviction notice was served, thus precluding a finding of default and subsequent termination.