Leaseholder Noise Disturbance Breach Upheld
France (FR)
Synthèse Legislator
Généré par l'IAA commercial leaseholder, whose business operations generated significant noise and vibration, was sued by the building owner for breach of the lease agreement's obligation to ensure the premises were used peacefully, despite the lease explicitly permitting the specific activity; the appellate court found that the lease clause did not grant an absolute right to cause disturbance, and since the tenant's operations demonstrably disturbed other co-tenants to the point of rendering their use of the property impossible, the tenant was in breach, warranting the termination of the lease, a decision the high court upheld on the basis that the implied obligation of peaceful enjoyment for all parties superseded the specific, but not unlimited, permission granted to the individual tenant.
Regeste Legislator
Généré par l'IALeaseholder Noise Disturbance Breach Upheld: A commercial leaseholder, whose business operations generated significant noise and vibration, was sued by the building owner for breach of the lease agreement's obligation to ensure the premises were used peacefully, despite the lease explicitly permitting the specific activity; the appellate court found that the lease clause did not grant an absolute right to cause disturbance, and since the tenant's operations demonstrably disturbed other co-tenants to the point of rendering their use of the property impossible, the tenant was in breach, warranting the termination of the lease, a decision the high court upheld on the basis that the implied obligation of peaceful enjoyment for all parties superseded the specific, but not unlimited, permission granted to the individual tenant.