Chapter V: Commercial leases.

The items mentioned in 1° to 5° of article L. 145-33 shall be assessed in accordance with the conditions set out in this sub-section.

The specific characteristics of the premises are assessed in consideration of: 1° Its location in the building in which it is situated, its surface area and volume, and the convenience of its access for the public; 2° The size of the areas respectively assigned to receiving the public, to the operation or to each of the various activities that are carried out on the premises ; 3° Of its dimensions,…

The specific characteristics of the premises may be affected by extrinsic elements consisting of accessory premises, ancillary premises or outbuildings, let by the same lessor and likely to be used in conjunction with the main premises. Where the rented premises include a residential part, the rental value of this part is determined by comparison with the prices charged for similar residential premises that are the subject of a new lease,…

The destination of the premises is that authorised by the lease and its amendments or by the court in the cases provided for in articles L. 145-47 to L. 145-55and L. 642-7.

Local commerciality factors depend mainly on the importance for the business in question of the town, district or street in which it is located, the place where it is established, the distribution of the various activities in the neighbourhood, the means of transport, the particular attractiveness or constraints that the location may present for the activity in question and the changes that these elements undergo on a permanent or temporary…

The prices currently charged in the neighbourhood, per unit of surface area, relate to equivalent premises having regard to all the elements mentioned in articles R. 145-3 to R. 145-6. In the absence of equivalence, they may, by way of indication, be used to determine the base prices, unless they are corrected in consideration of the differences noted between the rented premises and the reference premises. The references proposed on…

From the point of view of the respective obligations of the parties, restrictions on the enjoyment of the premises and obligations normally incumbent on the lessor, which the lessor would have discharged on the lessee without consideration, constitute a factor reducing the rental value. The same applies to obligations imposed on the tenant over and above those arising by law or custom. Improvements made to the rented premises during the…

The price of the lease of land is fixed in consideration of those elements which are specific to it, having regard to the nature and methods of the operation actually authorised.

The lease price for premises built for a single use may, by way of derogation from articles L. 145-33 and R. 145-3 et seq., be determined in accordance with the practices observed in the branch of activity in question.