The lease price for premises used exclusively as offices is set by reference to the prices charged for equivalent premises, unless they are corrected to take account of the differences observed between the premises leased and the reference premises. The provisions of the second and third paragraphs of article R. 145-7 are applicable in this case.
The departmental conciliation commission provided for by article L. 145-35 is made up of lessors and lessees, on the one hand, and qualified persons, on the other. It comprises one or more sections, each made up of two landlords, two tenants and one qualified person. The Prefect determines the number of sections and appoints the full and alternate members of each section, for a renewable term of three years, after…
Commission members appointed as qualified persons may not be lessors or lessees of buildings or premises used for commercial, industrial or craft purposes.
Persons who no longer meet the conditions required to be members of the commission cease to belong to it. The Prefect may also declare the compulsory resignation of members of the commission who, without legitimate reason, have failed to attend three consecutive meetings of the commission.
Each section is chaired by the member designated as the qualified persons. The oldest section chairman also acts as chairman of the departmental commission.
The commission draws up its own rules of procedure, which set out in particular the conditions under which cases are investigated and examined. Each section meets at the initiative of its chairman and, where appropriate, when convened by the prefect.
The matter is referred to the commission by registered letter with acknowledgement of receipt sent to its secretariat, which convenes the parties to the meeting at which the matter is to be examined by registered letter with acknowledgement of receipt sent at least fifteen days before the date chosen. The commission issues its opinion even if the parties, duly convened, are neither present nor represented.
Commission members are remunerated in the form of holiday allowances under conditions laid down by order issued by the Minister for the Budget and the Minister for Trade, Craft Trades and Services. Travel allowances for members of the Commission are governed by the conditions set out in Decree no. 90-437 du 28 mai 1990 fixant les conditions et les modalités de règlement des frais occasionnés par les déplacements des personnels…
The request for a rent review provided for in article L. 145-37 is made by extrajudicial act or by registered letter with acknowledgement of receipt. It shall specify, under penalty of nullity, the amount of rent requested or offered. Failing agreement, the request is judged under the conditions provided for in articles L. 145-56 to L. 145-60. The new price is due from the date of the request.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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