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Article L145-38 of the French Commercial code

The application for revision may only be made at least three years after the date on which the tenant took up residence or after the starting point of the renewed lease. The revision of the rent takes effect from the date of the application for revision. New applications may be made every three years from the date on which the new price becomes applicable. As an exception to the provisions…

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Article L145-39 of the French Commercial code

In addition, and notwithstanding article L. 145-38, if the lease includes a sliding scale clause, a request for revision may be made whenever, as a result of this clause, the rent is increased or decreased by more than a quarter in relation to the price previously set contractually or by court order. The variation in rent resulting from this revision may not lead to increases of more than 10% of…

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Article L145-40 of the French Commercial code

Rent paid in advance, in any form whatsoever, and even by way of security, shall bear interest for the benefit of the tenant, at the rate charged by the Banque de France for advances on securities, for sums exceeding that which corresponds to the price of the rent by more than two terms.

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Article L145-40-1 of the French Commercial code

When the lessee takes possession of the premises in the event of the conclusion of a lease, transfer of the right to lease, transfer or gratuitous transfer of the business and when the premises are returned, an inventory of fixtures is drawn up jointly and amicably by the lessor and the lessee or by a third party appointed by them. The inventory of fixtures shall be attached to the lease…

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Article L145-40-2 of the French Commercial code

Every rental contract includes a precise and restrictive inventory of the categories of charges, taxes and fees relating to this lease, including an indication of how they are divided between the lessor and the lessee. This inventory gives rise to an annual summary statement sent by the lessor to the lessee within a period set by regulation. During the course of the lease, the lessor shall inform the lessee of…

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Article L145-41 of the French Commercial code

A clause in the lease providing for termination by operation of law only takes effect one month after an unsuccessful summons. The summons must, on pain of nullity, mention this period. Judges hearing an application made in the forms and conditions provided for in Article 1343-5 of the Civil Code may, by granting time limits, suspend the performance and effects of termination clauses, where termination is not established or pronounced…

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Article L145-42 of the French Commercial code

Termination clauses by operation of law for cessation of business shall cease to have effect for the time required to carry out the transformations made pursuant to the provisions of section 8. This period may not exceed six months from the date of the agreement on despecialisation or the court decision authorising it.

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Article L145-43 of the French Commercial code

Traders and persons registered in the national register of companies as businesses in the trades and crafts sector, who are tenants of the premises in which their business is located, are exempt from the obligation to operate for the duration of their traineeship, if they are accepted to follow a conversion traineeship or a promotion traineeship within the meaning of article L. 900-2 (3° and 5°) of the Labour Code,…

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Article L145-44 of the French Commercial code

In the event that, at the end of one of the courses provided for in article L. 145-43, the trader or craftsman leaves the premises leased to him in order to convert his business by transferring it to another premises or to take up a salaried activity, the lease is terminated automatically and without compensation on expiry of a period of three months from the date on which notice is…

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Article L145-45 of the French Commercial code

Judicial reorganisation and liquidation do not automatically result in the termination of the lease of buildings allocated to the debtor’s industry, trade or craft, including premises dependent on these buildings and used for his or his family’s dwelling. Any stipulation to the contrary is deemed unwritten.

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