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Article L145-14 of the French Commercial code

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…

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Article L145-15 of the French Commercial code

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.

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Article L145-16 of the French Commercial code

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…

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Article L145-16-1 of the French Commercial code

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.

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Article L145-17 of the French Commercial code

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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Article L145-18 of the French Commercial code

The lessor has the right to refuse to renew the lease in order to construct or rebuild the existing building, subject to paying the evicted tenant the eviction compensation provided for in article L. 145-14. The same applies to carrying out work requiring the evacuation of premises included in a sector or perimeter provided for in articles L. 313-4 and L. 313-4-2 of the town planning code and authorised or…

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Article L145-19 of the French Commercial code

To benefit from the priority right provided for in article L. 145-17, the tenant must, on vacating the premises or, at the latest within three months thereafter, notify the landlord of his wish to use the premises, by extrajudicial act or by registered letter with acknowledgement of receipt, informing the landlord of his new domicile; he must likewise notify, under penalty of forfeiture, any new change of domicile. A landlord…

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Article L145-20 of the French Commercial code

Where the rebuilt building, under the conditions provided for in Article L. 145-17, has a larger surface area than the original building, the right of priority is limited to premises with a surface area equivalent to that of the premises previously occupied or likely to meet the same commercial needs as the latter. Where the reconstructed building does not allow all the occupants to be relocated, preference is given to…

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Article L145-21 of the French Commercial code

The owner may also defer the renewal of the lease for a maximum of three years if he proposes to raise the building and if this raising makes it necessary to temporarily evict the tenant. In this case, the tenant is entitled to compensation equal to the loss suffered, up to a maximum of three years’ rent.

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