Kohen Avocats, real estate law in Mulhouse
Real estate lawyer in Mulhouse: leases, co-ownership, construction
Unpaid rent, notices to quit, co-ownership charges, construction defects, a property sale that goes wrong: the firm is a real estate lawyer for Mulhouse owners, tenants and co-owners alike, advising and defending them from formal notice (mise en demeure) to the judge. You may choose your lawyer, whichever bar they belong to.
Prompt, confidential response. In real estate matters, positions harden quickly: the earlier counsel 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 co-owners and for co-owners' associations alike.
Sale and construction
Latent defects, construction defects, ten-year builder's liability, off-plan sales (VEFA): builders bear ten-year liability by operation of law under Article 1792 of the French Civil Code (Code civil).
Quick answer
Real estate law plays out on two fronts. First, the amicable stage: formal notice, negotiation, settlement agreement — most disputes over leases, charges or works are resolved before any hearing when they are taken up early. Then the judge: in Mulhouse, the judicial court (tribunal judiciaire), 21 avenue Robert Schuman, hears cases on residential leases, co-ownership, sales and construction; the administrative court of Strasbourg, 31 avenue de la Paix, hears cases on building permits and planning law. No rule requires you to choose a local lawyer. Confidential first discussion on +33 6 46 60 58 22.
Understanding your situation
Real estate law in Mulhouse, 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 courts, one method
Address, contacts, appeals: practical landmarks.
Residential leases, co-ownership, sales, construction: Mulhouse judicial court, 21 avenue Robert Schuman, 68100 Mulhouse — tel. 03 89 36 25 00.
Building permits, planning law, pre-emption: Strasbourg administrative court, 31 avenue de la Paix, 67000 Strasbourg — tel. 03 88 21 23 23.
Appeals go to the court of appeal of Colmar, 9 avenue Raymond Poincaré, 68000 Colmar, or to the administrative court of appeal of Nancy, 6 rue du Haut Bourgeois, depending on the subject matter.
Residential leases fall within the jurisdiction of the protection litigation judge (juge des contentieux de la protection), who sits at the judicial court; evictions are subject to the winter eviction moratorium (trêve hivernale) from 1 November to 31 March.
The firm, based on rue Margueritte in the 17th arrondissement of Paris, advises and defends owners, tenants, co-owners and project owners in Mulhouse; where the law requires a locally registered lawyer to represent the client, the firm arranges this with a colleague within the court's jurisdiction. What matters: command 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 tightly 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 (commandement de payer), then termination and eviction under the supervision of the judge.
- Notice to quit to sell, to reclaim 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 move-in and move-out inventories of condition provide the evidence — the costing is prepared room by room.
Tenant's side
- Security deposit not returned, unfit housing, works for the landlord's account: rights that can be enforced, with evidence to support them.
- 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, challenging general meeting decisions within a strict time limit, disputes with the managing agent (syndic): the law of 10 July 1965 governs life in 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 work or makes 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 without recourse — actions become time-barred quickly, so speed matters.
Neighbourhood disturbances
Encroachment, noise, views, easements: an abnormal neighbourhood disturbance makes its author liable, even without fault — the case is built on bailiff's reports and measurements.
The ordinary limitation period is five years (Article 2224 of the French Civil Code); in construction, ten years from acceptance of the works. Pinpointing the starting date is often half the case.
Timeline
From formal notice to court: how a case unfolds
The typical stages of a real estate case handled by the firm in Mulhouse.
The dispute
Unpaid rent, defects, a contested notice to quit, a 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 letter from a lawyer 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 Mulhouse, 21 avenue Robert Schuman — by urgent application (référé) where urgency or obviousness allows.
The hearing and the decision
Court-appointed expert assessment if needed, written submissions, oral argument: every claim is quantified and proved, document by document.
The appeal
The judgment may be appealed within one month before the court of appeal of Colmar, 9 avenue Raymond Poincaré, 68000 Colmar (Article 538 of the French Code of Civil Procedure).
Preparing your case
Documents to gather
The checklist that matters, whether out of court or before the judge.
The contract: lease and addenda, deed of sale, construction contract, co-ownership regulations.
Move-in and move-out inventories of condition, acceptance reports, snags noted at acceptance.
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 commissaire de justice (court bailiff), 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 Mulhouse?
Yes. Advice, negotiation and drafting know no bar boundaries; the firm sees its cases in Mulhouse through from start to finish.
Before the judicial court of Mulhouse, where the law requires representation by a locally registered lawyer (avocat postulant), the firm arranges this with a colleague within the court's jurisdiction: you keep your 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 owners, tenants, co-owners and project owners in Mulhouse.
My tenant has stopped paying: what can I do, and how quickly?
Act quickly and in the right order: written reminder, formal notice, then a formal demand to pay (commandement de payer) invoking the termination clause of the lease, served by a commissaire de justice (court bailiff).
If the arrears persist, the judge is asked to record or order termination of the lease and to 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 quantifies the arrears with interest.
Tenant: what are my rights faced with a notice to quit or a damaged home?
A notice to quit is valid only if it meets the conditions 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 that are the landlord's responsibility, the tenant may demand performance, claim 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 running from notification of the minutes: the reflex is to date that notification precisely.
Only a co-owner who opposed the decision or was absent may bring an action; the vote cast at the meeting therefore determines the right to act.
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 Mulhouse?
Residential leases, co-ownership, sales, construction: the judicial court of Mulhouse, 21 avenue Robert Schuman, 68100 Mulhouse — telephone 03 89 36 25 00. Residential leases fall within the jurisdiction of the protection litigation judge, who sits there.
Building permits, planning law, pre-emption: the administrative court of Strasbourg, 31 avenue de la Paix, 67000 Strasbourg — telephone 03 88 21 23 23.
Appeals go, depending on the subject matter, to the court of appeal of Colmar, 9 avenue Raymond Poincaré, 68000 Colmar, or to the administrative court of appeal of Nancy, 6 rue du Haut Bourgeois.
Latent defects, problems after works: what are my remedies?
After a sale, the warranty against latent defects allows an action against the seller; after works, ten-year builder's liability covers for ten years damage that compromises the structural soundness of the work or makes it unfit for its purpose (Articles 1792 and 1792-4-1 of the French Civil Code).
Expert assessment — amicable first, then court-appointed if necessary — is often unavoidable: it fixes the evidence and quantifies the cost of remedial work.
The firm brings claims against builders and insurers, building-damage insurance (dommages-ouvrage) included, 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 land (Article R*600-2 of the Planning Code).
Standing to sue must be demonstrated: the proximity and the real impact of the project on your property must be documented precisely.
The firm brings the matter before the administrative court of Strasbourg, where no territorial representation rule applies.
Neighbourhood disturbances: what can the firm do?
Noise, encroachment, views, loss of sunlight: an abnormal neighbourhood disturbance makes its author liable, even without fault — the abnormality must still be proved.
Reports by a commissaire de justice (court bailiff), acoustic measurements, dated witness statements: the case is built before the hearing.
The firm favours rapid resolution — formal notice, mediation — and goes to the judge when that fails, by urgent application (référé) if need be.
How long do I have to take action?
The ordinary limitation period is five years from the day you knew of the facts that allowed 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 ten-year liability, strict time limits in co-ownership and planning law — every case begins with this calculation.
Checking the limitation period is the firm's first reflex: an expired time limit cannot be made up.
What are the fees for a real estate case in Mulhouse?
Fees are set out in a written agreement, in accordance with Article 10 of the law of 31 December 1971: before committing, the client knows what the assignment 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 assignment gives rise to an addendum.
Legal aid is available subject to means; a quote is prepared after the situation has been reviewed. Initial discussion 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 — builders' liability by operation of law
- 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 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 relies on in Mulhouse, with the text to support them.
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 work, for ten years from acceptance of the works.
The ordinary limitation period
5 years
Article 2224 of the French Civil Code
Personal actions are time-barred after five years from the day the holder of the right knew of the facts that allowed them to exercise it.
The winter eviction moratorium
5 months
Article L. 412-6 of the CPCE
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 land.
Appealing the decision
1 month
Article 538 of the French Code of Civil Procedure
The ordinary appeal must be lodged within one month in contentious matters; the case goes before the court of appeal of Colmar, 9 avenue Raymond Poincaré, 68000 Colmar.
These reference points, set by law, apply in Mulhouse as everywhere in France. Their application is built case by case, document by document.
A real estate question in Mulhouse?
Contact the firm. Our lawyers advise and defend owners, tenants and co-owners in Mulhouse: leases, charges, sales, construction — and on appeal where necessary.