By derogation from articles 1736 and 1737 of the Civil Code, leases of premises subject to this chapter only cease by the effect of a notice given six months in advance or a request for renewal. In the absence of notice or a request for renewal, a lease made in writing is tacitly extended beyond the term fixed by the contract. During the tacit extension, notice must be given at…
In the absence of a notice to quit, a tenant who wishes to renew his lease must apply for renewal either within the six months preceding the expiry of the lease or, where applicable, at any time during its extension. The request for renewal must be notified to the lessor by extrajudicial act or by registered letter with acknowledgement of receipt . Unless otherwise stipulated or notified by the latter,…
A lessor who, without being opposed to the principle of renewal, wishes to obtain a change in the lease price must, in the notice provided for in article L. 145-9 or in the response to the renewal request provided for in Article L. 145-10, make known the rent he proposes, failing which the new price is only due from the date of the request made subsequently in accordance with the…
The term of the renewed lease is nine years unless the parties agree to a longer term. The provisions of the second and third paragraphs of Article L. 145-4 are applicable during the renewed lease. The new lease takes effect from the expiry of the previous lease or, where applicable, its extension, the latter date being either the date for which notice was given or, if a request for renewal…
The lessor may refuse to renew the lease. However, the lessor must, subject to the exceptions set out in articles L. 145-17 et seq, pay the evicted tenant a so-called eviction indemnity equal to the loss caused by the failure to renew. This compensation includes, in particular, the market value of the business, determined in accordance with the practices of the profession, increased, where applicable, by the normal costs of…
Clauses, stipulations and arrangements that have the effect of defeating the right of renewal instituted by this chapter or the provisions of Articles L. 145-4, L. 145-37 to L. 145-41, from the first paragraph of Article L. 145-42 and the articles L. 145-47 à L. 145-54.
Agreements intended to prohibit the lessee from assigning his lease or the rights he holds under this chapter to the purchaser of his business or enterprise or to the beneficiary of the universal transfer of his business assets are also deemed unwritten, regardless of the form they take. In the event of a merger or demerger of companies, in the event of a universal transfer of a company’s assets and…
If the assignment of the commercial lease is accompanied by a guarantee clause by the assignor for the benefit of the lessor, the lessor shall inform the assignor of any default in payment by the lessee within one month of the date on which the sum should have been paid by the lessee.
If the assignment of the commercial lease is accompanied by a guarantee clause by the assignor for the benefit of the lessor, the lessor may only invoke it for three years from the assignment of the said lease.
I.-The lessor may refuse to renew the lease without being required to pay any compensation: 1° If he can prove a serious and legitimate reason against the outgoing tenant. However, in the case of either the non-performance of an obligation, or the cessation without serious and legitimate reason of the operation of the business, taking into account the provisions of article L. 145-8, the offence committed by the lessee may…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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