She lent her flat to a friend with a handshake deal: 23 years later, she still won’t give it back
What started as a favor between friends ended up in a legal battle that took more than two decades to resolve.
A French homeowner who, back in the 2000s, lent one of his apartments free of charge to a seriously ill Italian friend—without a written contract and only a verbal agreement—has finally regained possession 23 years later after a long court battle. The woman, diagnosed with AIDS and living in the apartment since then, refused to leave even after receiving a certified letter notice.
The owner decided to lend the apartment so that the woman could receive treatment at a hospital in France. However, this altruistic gesture eventually turned into a legal conflict when, more than twenty years later, he needed to reclaim his property. The tenant claimed it was a lifetime loan due to the severity of her illness, which would grant her the right to remain in the apartment until her death.
The case was taken up by the law firm Adonis, which explains that since no amicable agreement was reached, the owner went to court requesting termination of the loan, eviction of the occupant, and compensation for the time of use. At first instance, the judge ruled in favor of the woman, but the Aix-en-Provence Court of Appeal overturned the decision.
The matter finally reached the Court of Cassation, which issued its ruling on May 14, 2025, siding with the owner. The high court reminded that “in the absence of an agreed or foreseeable term, a loan for use can be terminated at any time by the lender with reasonable notice,” which in this case was set at three months.
Beware of verbal agreements
The ruling highlights the uncertainty caused by agreements without written backing, especially when it comes to real estate. The lack of documentary evidence can lead to different interpretations and prolong the process all the way to the courts.
For this reason, experts recommend always formalizing any housing loan in writing, even if it’s a gesture of trust towards a family member or close friend. A simple letter or contract can prevent future disputes and ensure that all conditions are clear from the start.
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