According to the adage “no one can take advantage of their own turpitude”, article 1719 of the civil code stipulates that “when rented premises for use of residence are improper for this use, the lessor cannot prevail of the nullity of lease or his termination for request eviction of the occupant ".
In summary, if you yourself are at fault, you do not have the right to take advantage of the situation to get what you want. This is all the more valid, even if you have the title of lessor, because you have accepted the inheritance.
In the context of this species, a lessor intended to dislodge his tenant saying that the possession did not have the minimum legal surface area. Indeed, a property must have, at least, one main room provided with a living space equal to 9 square meters and a ceiling surface of 2.20 meters, or one habitable volume equal to 20 cubic meters minimum, to be considered as being a decent housing.
In order to order the eviction of the tenant, the Court of Appeal maintained that the lessor did not intend to deny that the dwelling in question was corresponds not to standards of surface and habitability required by article 4 of decree n°2002-120 of December 30, 2002, that according to a technical observation, it is impossible to correct this error to make it compliant. Furthermore, given the situation, the lessor has every chance of winning his case, despite a tenant which doesn't want to leave the places, emphasizing the fact that the accommodation is not suitable for being the subject of a lease from a regulatory point of view, and which forces its lessor to remain in offense with the law.
At the court level, the Court of Cassation had no difficulty in overturning the judgment of the Court of Appeal. This living space, which does not meet standards, is not a sufficient argument to establish the indecency of a dwelling. Indeed, a property is qualified as decent once it has a living space greater than or equal to 9 square meters, as well as a ceiling height equal to 2.20 meters minimum, or a habitable volume supérieur ou égal à 20 mètres cubes. Pour être considéré comme indécent, the dwelling should not have completed these two criteria, whereas in this situation, the judge had failed to examine the volume of the real estate.
