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Article L145-33 of the French Commercial code

The amount of rent for renewed or revised leases must correspond to the rental value. Failing agreement, this value is determined on the basis of: 1 The characteristics of the premises in question; 2 The purpose of the premises; 3 The respective obligations of the parties; 4 Local commercial factors; 5 Prices currently charged in the vicinity; A decree in the Council of State specifies the content of these elements.

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Article L145-34 of the French Commercial code

Unless there is a significant change in the items mentioned in 1° to 4° of article L. 145-33, the rate of change in the rent applicable when the lease to be renewed takes effect, if its term does not exceed nine years, may not exceed the change, since the initial fixing of the rent for the expired lease, in the quarterly index of commercial rents or the quarterly index of…

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Article L145-35 of the French Commercial code

Disputes arising from the application of articles L. 145-34 and L. 145-38 as well as those relating to service charges and works may be submitted to a departmental conciliation commission made up of landlords and tenants in equal numbers and qualified persons. The commission endeavours to reconcile the parties and issues an opinion. If the matter is referred to the court in parallel with the competent commission by one or…

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Article L145-36 of the French Commercial code

The elements used to determine the price of leases for land, premises built with a view to a single use and premises for exclusive office use are set by decree in the Conseil d’Etat. The lease price of premises built or converted for use as a cinema entertainment establishment within the meaning of Article L. 212-2of the Code du cinéma et de l’image animée is, by way of derogation from…

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Article L145-37 of the French Commercial code

Rents on leases of buildings or premises governed by the provisions of this chapter, whether renewed or not, may be revised at the request of either party subject to the reservations set out in articles L. 145-38 and L. 145-39 and under conditions set by decree in the Conseil d’Etat.

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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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