Kohen Avocats, real estate law in Nice
Real estate lawyer in Nice: leases, co-ownership and construction
Unpaid rent, notices to quit, co-ownership charges, construction defects, a property sale that goes wrong: the firm acts as a real estate lawyer in Nice for landlords, tenants and co-owners, advising and defending them from formal notice through to the court. The choice of lawyer is yours, whichever bar they belong to.
Prompt, confidential reply. In real estate disputes, positions harden quickly: the earlier a lawyer is involved, 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 meetings, 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 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 disputes over leases, charges or works are resolved before any hearing when they are taken up early. Then the court: in Nice, the judicial court (tribunal judiciaire), place du Palais de Justice, hears residential leases, co-ownership, sales and construction; the administrative court of Nice, 18 avenue des Fleurs, hears building permits and planning law. No rule requires you to choose a local lawyer. A first confidential discussion is available on +33 6 46 60 58 22.
Understanding your situation
Real estate law in Nice, explained
Leases, co-ownership, sale and construction are governed by the French Civil Code (Code civil), 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, contact details, appeals: practical points of reference.
Residential leases, co-ownership, sale, construction: judicial court of Nice, place du Palais de Justice, 06300 Nice — tel. 04 92 17 70 00.
Building permits, planning law, pre-emption: administrative court of Nice, 18 avenue des Fleurs, 06000 Nice — tel. 04 89 97 86 00.
An appeal lies 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 (trêve hivernale) from 1 November to 31 March.
The firm, based rue Margueritte in the 17th arrondissement of Paris, advises and defends landlords, tenants, co-owners and project owners in Nice; where the law requires a lawyer with territorial representation rights, the firm arranges this with a colleague from the local 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, then termination and eviction under the supervision of the court.
- 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 move-in and move-out inventories of condition serve as proof — the costing is prepared item by item.
Tenant's side
- Security deposit not returned, unfit housing, works that are the landlord's responsibility: rights that must be asserted, with supporting evidence.
- An irregular notice to quit has no effect: its validity is challenged before the court.
- 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, photographs, 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 govern 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 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 building 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 — the actions become time-barred quickly, so a prompt response matters.
Neighbourhood disturbances
Encroachment, noise, overlooking, easements: an abnormal neighbourhood disturbance engages the liability of its originator, even without fault — the case is built on 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. Dating the starting point precisely 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 Nice.
The dispute
Unpaid rent, defect, contested notice to quit, general meeting decision: date the facts and gather the documents from day one — this is where the case is built.
The consultation
Analysis of the contract, time limits and evidence; quantification of the loss; choice of route — amicable, urgent application or full proceedings. The strategy is set with the file in hand.
Formal notice
A lawyer's letter, precise and dated, resolves many disputes; it shifts the balance of power and prepares the court stage if one proves necessary.
The writ of summons
Failing agreement, the case is brought before the judicial court of Nice, place du Palais de Justice — by urgent application (référé) where urgency or obviousness allows.
The hearing and the decision
Court-appointed expert assessment where needed, written submissions, oral argument: each claim is quantified and proved, document by document.
The appeal
The judgment may be appealed within one month to the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence (Article 538 of the French Code of Civil Procedure).
Preparing your case
Documents to gather
The checklist that counts, whether in an amicable settlement or before the court.
The contract: lease and addenda, deed of sale, construction contract, co-ownership regulations.
Move-in and move-out inventories of condition, acceptance records, 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 photographs, reports by a commissaire de justice (court bailiff), quotes and invoices for works.
Diagnostic reports, amicable expert reports, technical reports already drawn up.
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 and checked on Légifrance.
Can a Paris lawyer handle my real estate case in Nice?
Yes. Advice, negotiation and drafting know no bar boundaries; the firm follows its cases in Nice from start to finish.
Before the judicial court of Nice, where the law requires representation by a lawyer with territorial representation rights, the firm arranges this with a colleague from the local jurisdiction: you keep your lawyer for strategy, drafting and the hearing. Before the administrative court, there is no territorial representation rule.
The firm, based rue Margueritte in the 17th arrondissement of Paris, acts for landlords, tenants, co-owners and project owners in Nice.
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 commissaire de justice (court bailiff).
If the arrears persist, the court 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.
As a 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 requirements of ground, form and time limit laid down by Article 15 of the Law of 6 July 1989; an irregular notice is challenged before the court.
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 decision of a co-owners' general meeting?
General meeting decisions are challenged before the judicial court, within a strict time limit running from notification of the minutes: the key is to date that notification precisely.
Only a co-owner who voted against or who was absent may bring proceedings; 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 Nice?
Residential leases, co-ownership, sale, construction: the judicial court of Nice, place du Palais de Justice, 06300 Nice — telephone 04 92 17 70 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 Nice, 18 avenue des Fleurs, 06000 Nice — telephone 04 89 97 86 00.
An appeal lies, 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 an action against the seller; after building works, ten-year builder's liability covers for ten years damage that compromises the structural soundness of the building or makes it unfit for its purpose (Articles 1792 and 1792-4-1 of the French Civil Code).
The expert assessment — amicable and 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 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 site (Article R*600-2 of the French Planning Code).
Standing to sue must be demonstrated: the proximity and the real impact of the project on your property must be precisely documented.
The firm brings cases before the administrative court of Nice, where no territorial representation rule applies.
Neighbourhood disputes: what can the firm do?
Noise, encroachment, overlooking, loss of sunlight: an abnormal neighbourhood disturbance engages the liability of its originator, 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 court when that fails, by urgent application if need be.
How long do I have to act?
The ordinary limitation period is five years from the day on which you knew of 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 ten-year builder's liability, and 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 Nice?
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 income conditions; a quote is drawn up after the situation has been reviewed. A first discussion is available 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 French Planning Code — third-party challenges to a permit
- French Civil Code on Légifrance — current versions
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 Nice, 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 building, 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 on which the holder of the right knew of the facts enabling them to exercise it.
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 suspended 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 French 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 French Code of Civil Procedure
An ordinary appeal must be lodged within one month in contentious matters; the case goes 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 Nice as everywhere in France. Their application is built case by case, document by document.
A real estate question in Nice?
Contact the firm. Our lawyers advise and defend landlords, tenants and co-owners in Nice: leases, charges, sale, construction — and on appeal where necessary.