Kohen Avocats, real estate law in Marseille
Real estate lawyer in Marseille: leases, co-ownership, construction
Unpaid rent, notices to quit, co-ownership charges, construction defects, a sale that goes wrong: the firm advises and defends landlords, tenants and co-owners as a real estate lawyer in Marseille, from formal notice through to the judge. You may choose your lawyer, whichever bar he or she belongs to.
Prompt, confidential response. In real estate matters, positions harden quickly: the earlier a lawyer steps in, the more options remain open.
Reda Kohen
Lawyer at the Paris Bar — real estate law, leases, co-ownership and construction.
Official profile on the Avocat.fr directory
Page updated on 7 August 2026.
Leases and rent
Unpaid rent, notices to quit, security deposits, inventories of condition: the firm defends landlords and tenants alike, from formal notice to the hearing.
Co-ownership
Unpaid charges, challenges to general meeting decisions, works, disputes with the managing agent: the firm acts for individual co-owners and for co-owners' associations alike.
Sales and construction
Latent defects, construction defects, ten-year builder's liability, off-plan sales (VEFA): builders bear ten years of liability by operation of law (Article 1792 of the French Civil Code).
Quick answer
Real estate law is played out on two fronts. First, the amicable stage: formal notice, negotiation, settlement agreement — most lease, charges or works disputes are resolved before the hearing when they are taken up early. Then the judge: in Marseille, the judicial court, known as the tribunal judiciaire, at 6 rue Joseph Autran, hears residential leases, co-ownership, sales and construction cases; the administrative court of Marseille, at 31 rue François Leca, hears building permits and planning matters. No rule requires you to choose a local lawyer. Confidential first conversation on +33 6 46 60 58 22.
Understanding your situation
Real estate law in Marseille, explained
Leases, co-ownership, sales and construction are governed by the French Civil Code, the Law of 6 July 1989 and the Law of 10 July 1965. Everyone may choose their own lawyer, whichever bar the lawyer belongs to. What you need to know, step by step.
Key points
Real estate litigation: two judges, one method
Address, contact details, challenges: practical points of reference.
Residential leases, co-ownership, sales, construction: judicial court of Marseille, 6 rue Joseph Autran, 13006 Marseille — tel. 04 91 15 50 50.
Building permits, planning, pre-emption: administrative court of Marseille, 31 rue François Leca, 13002 Marseille — tel. 04 91 13 48 13.
Appeals go to the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence, or to the administrative court of appeal of Marseille, 45 boulevard Paul Peytral, depending on the subject matter.
Residential leases fall within the jurisdiction of the protection litigation judge, who sits at the judicial court; evictions are subject to the winter eviction moratorium from 1 November to 31 March.
The firm, based on rue Margueritte in the 17th arrondissement of Paris, advises and defends landlords, tenants, co-owners and project owners in Marseille; where the law requires a lawyer with territorial representation, it arranges this with a colleague from the local jurisdiction. What matters: mastery of the subject and availability, from the first appointment through to the hearing.
Residential lease
The residential lease: rights and obligations, step by step
A contract closely regulated by the Law of 6 July 1989 — largely a matter of public policy.
For landlords
- Unpaid rent: act early — formal notice, formal demand to pay, then termination and eviction under the supervision of the judge.
- Notice to quit to sell, to take back the property or for a legitimate and serious reason: strict requirements as to form and time limits (Article 15 of the 1989 Law).
- Damage and tenant repairs: the inventories of condition on entry and exit serve as evidence — the costing is prepared item by item.
For tenants
- Security deposit not returned, unfit housing, works the landlord must pay for: rights that can be enforced, with evidence in support.
- An irregular notice to quit has no effect: its validity can be challenged before the judge.
- In the event of unpaid rent, the winter eviction moratorium suspends evictions from 1 November to 31 March (Article L. 412-6 of the Code of Civil Enforcement Procedures).
The reflex: put everything in writing from the first incident — letters, photos, inventories of condition. In lease matters, the case is won on evidence.
The firm handles all real estate disputes:
Co-ownership and construction
Co-ownership, construction, neighbours: the other fronts
Technical regimes where time limits decide everything — and are quickly lost.
Charges and general meetings
Recovery of charges, challenges to general meeting decisions within a strict time limit, disputes with the managing agent: the Law of 10 July 1965 governs the life of the building.
Ten-year builder's liability
The builder is liable by operation of law, for ten years from acceptance of the works, for damage that compromises the structural soundness of the building or renders it unfit for its purpose (Articles 1792 and 1792-4-1 of the French Civil Code).
Latent defects and off-plan sales
Latent defect, incorrect surface area, late delivery, snags not remedied: the buyer is not defenceless — claims become time-barred quickly, so speed is what counts.
Neighbourhood disturbances
Encroachment, noise, views, easements: an abnormal neighbourhood disturbance engages the liability of its author, even without fault — the case is built on reports and measurements.
The general limitation period is five years (Article 2224 of the French Civil Code); in construction, ten years from acceptance of the works. Dating the starting point precisely is often half the case.
Timeline
From formal notice to court: how it unfolds
The typical stages of a real estate case handled by the firm in Marseille.
The dispute
Unpaid rent, defect, contested notice to quit, general meeting decision: date the facts and gather the documents from day one — the case is built there.
The consultation
Analysis of the contract, time limits and evidence; costing of the loss; choice of route — amicable, urgent application or full proceedings on the merits. The strategy is set with the file in hand.
Formal notice
A precise, dated lawyer's letter resolves many disputes; it shifts the balance of power and prepares the court action if one proves necessary.
The writ of summons
Failing agreement, the case is brought before the judicial court of Marseille, 6 rue Joseph Autran — by urgent application where urgency or the obvious nature of the claim allows.
The hearing and the decision
Court-appointed expert assessment if needed, written submissions, oral argument: each claim is costed and proved, document by document.
The appeal
The judgment may be appealed within one month before the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence (Article 538 of the Code of Civil Procedure).
Preparing your case
Documents to gather
The checklist that carries weight, whether amicably or before the judge.
The contract: lease and addenda, deed of sale, construction contract, co-ownership regulations.
Inventories of condition on entry and exit, acceptance reports, snags noted.
Rent receipts, statements of charges, calls for funds, payment records.
Written exchanges: letters, emails, formal notices, minutes of general meetings.
Dated photos, reports by a court commissioner (commissaire de justice), quotes and invoices for works.
Diagnostic reports, amicable expert reports, technical reports already prepared.
Send what you have, even if incomplete: the firm will prioritise and complete the file with you. In an emergency, call +33 6 46 60 58 22.
FAQ
Frequently asked questions
Ten detailed answers, based on the texts in force, checked on Légifrance.
Can a Paris lawyer handle my real estate case in Marseille?
Yes. Advice, negotiation and drafting know no bar boundaries; the firm sees its cases in Marseille through from start to finish.
Before the judicial court of Marseille, where the law requires representation by a lawyer with territorial representation (postulation), the firm arranges this with a colleague from the local jurisdiction: you keep your own lawyer for strategy, drafting and the hearing. Before the administrative court, there is no territorial representation rule.
The firm, based on rue Margueritte in the 17th arrondissement of Paris, acts for landlords, tenants, co-owners and project owners in Marseille.
My tenant has stopped paying rent: what can I do, and how quickly?
Act quickly and in the right order: written reminder, formal notice, then a formal demand to pay invoking the lease's termination clause, served by a court bailiff (commissaire de justice).
If the arrears persist, the matter is brought before the judge to record or order termination of the lease and order eviction; the winter eviction moratorium suspends enforcement from 1 November to 31 March (Article L. 412-6 of the Code of Civil Enforcement Procedures).
The firm secures each step — procedural defects cost months of lost proceedings — and calculates the arrears together with interest.
As a tenant, what are my rights in the face of a notice to quit or damaged housing?
A notice to quit is valid only if it meets the requirements of ground, form and time limit set by Article 15 of the Law of 6 July 1989; an irregular notice can be challenged before the judge.
Faced with unfit housing or works the landlord is responsible for, the tenant may demand performance, seek damages, and assert their rights over the security deposit.
The firm also defends tenants: the 1989 Law is a matter of public policy, and it protects both parties.
How can I challenge a co-owners' general meeting decision?
General meeting decisions are challenged before the judicial court, within a strict time limit that runs from notification of the minutes: the key is to date that notification precisely.
Only a co-owner who voted against or was absent may bring the action; the vote cast at the meeting therefore determines the right to sue.
The firm analyses the minutes, the notices of meeting and the majorities applied — many annulments are won on procedure.
Which court hears my real estate dispute in Marseille?
Residential leases, co-ownership, sales, construction: the judicial court of Marseille, 6 rue Joseph Autran, 13006 Marseille — telephone 04 91 15 50 50. Residential leases fall within the jurisdiction of the protection litigation judge, who sits there.
Building permits, planning, pre-emption: the administrative court of Marseille, 31 rue François Leca, 13002 Marseille — telephone 04 91 13 48 13.
Appeals go, depending on the subject matter, to the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence, or to the administrative court of appeal of Marseille, 45 boulevard Paul Peytral.
Latent defects, problems after building works: what remedies do I have?
After a sale, the warranty against latent defects allows a claim against the seller; after building works, the ten-year builder's liability covers, for ten years, damage that compromises the structural soundness of the building or renders it unfit for its purpose (Articles 1792 and 1792-4-1 of the French Civil Code).
The expert assessment — amicable, then court-appointed if necessary — is often unavoidable: it fixes the evidence and costs the remedial works.
The firm brings in builders and insurers, including building-damage insurance, and follows the expert assessment step by step.
A building permit affects my land: can I challenge it?
Yes, under strict conditions: a third-party challenge is brought before the administrative court within two months, running from the first day of a continuous two-month period during which the permit is displayed on the site (Article R* 600-2 of the Planning Code).
Standing to sue must be demonstrated: proximity and the real impact of the project on your property must be precisely documented.
The firm brings the case before the administrative court of Marseille, where no territorial representation is required.
Neighbourhood disturbances: what can the firm do?
Noise, encroachment, views, loss of sunlight: an abnormal neighbourhood disturbance engages the liability of its author, even without fault — the abnormal nature must still be proved.
Reports by a court commissioner (commissaire de justice), acoustic measurements, dated witness statements: the case is built before the hearing.
The firm favours quick resolution — formal notice, mediation — and goes to the judge when that fails, by urgent application if need be.
How long do I have to take action?
The general limitation period is five years from the day you knew the facts enabling you to act (Article 2224 of the French Civil Code).
Special time limits are added to this: ten years from acceptance of the works for the ten-year liability, strict time limits in co-ownership and planning matters — every case starts with this calculation.
Checking the limitation period is the firm's first reflex: an expired time limit cannot be made up.
What fees apply to a real estate case in Marseille?
Fees are set out in a written agreement, in accordance with Article 10 of the Law of 31 December 1971: the client knows, before committing, what the engagement covers and what it costs.
The firm favours a fixed fee per stage: consultation and strategy, formal notice, proceedings on the merits or by urgent application, appeal. Any new engagement is covered by an addendum.
Legal aid is available subject to means testing; a quote is prepared after the situation has been reviewed. First conversation on +33 6 46 60 58 22.
References
Official texts and related pages
The sources for this page and the firm's related areas of practice.
Official texts
- Article 1792 of the French Civil Code — the liability by operation of law of builders
- Article 1792-4-1 of the French Civil Code — ten years from acceptance of the works
- Article 2224 of the French Civil Code — the five-year limitation period
- Article L. 412-6 of the Code of Civil Enforcement Procedures — the winter eviction moratorium
- Article R* 600-2 of the Planning Code — third-party challenges to a building permit
- French Civil Code on Légifrance — versions in force
Further reading
Verified reference points, Civil Code and special statutes
The rules of the game, in black and white.
The time limits that govern leases, co-ownership and construction — those the firm asserts in Marseille, with the text in support.
Ten-year builder's liability
10 years
Articles 1792 and 1792-4-1 of the French Civil Code
The builder is liable by operation of law for damage compromising the structural soundness of the building, for ten years from acceptance of the works.
The general limitation period
5 years
Article 2224 of the French Civil Code
Personal actions become time-barred after five years from the day the right-holder knew the facts enabling them to exercise the right.
The winter eviction moratorium
5 months
Article L. 412-6 of the Code of Civil Enforcement Procedures
Any eviction measure not yet carried out is stayed from 1 November to 31 March, subject to the exceptions provided by law.
Third-party challenge to a permit
2 months
Article R* 600-2 of the Planning Code
The time limit runs from the first day of a continuous two-month period during which the permit is displayed on the site.
Appealing the decision
1 month
Article 538 of the Code of Civil Procedure
An ordinary appeal must be lodged within one month in contentious matters; the case returns before the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence.
These reference points, set by law, apply in Marseille as everywhere in France. How they are applied is built case by case, document by document.
A real estate question in Marseille?
Contact the firm. Our lawyers advise and defend landlords, tenants and co-owners in Marseille: leases, charges, sales, construction — and then on appeal where necessary.