REAL ESTATE LAW
AMS Law Firm provides dedicated legal services in all areas of real estate law, with particular expertise in French leaseback schemes, including tourist residences, student housing, senior living residences and nursing homes (EHPAD).
We assist leaseback investors who are facing legal or financial issues with their operator or management company.
Key areas of intervention – French leaseback:
Commercial lease renewal or refusal of renewal: advice and representation in disputes where the operator is requesting renewal, or when the landlord wishes to terminate the lease.
Early termination or lease disputes Legal action or negotiation when the lease is terminated before its contractual end, often due to the operator’s default, non-performance, or change of use.
Operator insolvency or abandonment of the property Assistance in repossession of the property following the insolvency or liquidation of the leaseback operator, including legal proceedings where necessary.
Guidance for owners wishing to regain or transfer management to a third party, with compliance checks and strategic advice on rental or resale value.
Legal support in pursuing unpaid rents or enforcing contractual obligations — a common situation in distressed French leaseback investments.
A change in activity by the operator can jeopardise tax relief or investment guarantees.
Claims against operators who neglect common areas or private units, leading to depreciation or unsuitability for future lettings or resale.
Approach : Combining strong legal expertise in commercial lease law with a detailed understanding of the French leaseback schemes.
Provide clear, strategic and protective advice to owners looking to secure or recover the value of their investment.
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Commercial leases : Drafting and negotiation of commercial leases tailored to the business activity (retail, hospitality, etc.); lease renewal or refusal procedures; rent review (capped or uncapped); amicable or judicial termination; disputes regarding service charges, repair obligations, enforcement clauses (forfeiture), or return of premises (condition reports, reinstatement, occupation indemnity).
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Professional leases : Bespoke lease drafting; legal assistance in the event of disputes over performance or termination of the lease; management of rent arrears, notice periods, and disagreements relating to repairs or service charges. Legal advice for professionals to secure their tenancy arrangements.
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Residential leases : Termination by the landlord for personal use, sale of the property or for legitimate and serious grounds; management of unpaid rent; enforcement of forfeiture clauses and eviction of tenants or squatters; disputes concerning the condition report, deposit recovery, or apportionment and reconciliation of service charges.
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Co-ownership law : Assistance for co-owners, managing agents and owners’ associations in disputes regarding enforcement of the co-ownership regulations, general meeting resolutions, challenge of service charges, calculation of co-ownership shares (tantièmes), neighbourhood disturbances, and voted works. Representation in disputes between co-owners or with the managing agent.
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Neighbour disputes, party walls and easements : Claims involving noise, odour or visual nuisances, loss of light, non-compliance with rights of way or attempts to revoke easements, rights of light and drainage; disputes between dominant and servient tenements; construction or repair of party walls; disagreements over fences, boundary height, tree pruning and non-compliant plantations; boundary encroachments by buildings or hedges; legal actions for demolition, reinstatement, or compensation.
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Property transactions : Legal support for real estate acquisitions or disposals; drafting and review of preliminary agreements (promise to sell, sales agreements); verification of conditions precedent; assistance during property auctions; post-sale disputes involving hidden defects, non-conformity, misrepresentation (dol), or failure to finalise the transaction.
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Construction law : Claims for defects and disorders (cracks, water infiltration, non-compliance); liability of builders, project managers or contracting authorities; enforcement of statutory warranties (ten-year, biennial, perfect completion guarantees); legal assistance during court-appointed expert appraisals.