Section 7: Termination

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…

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.

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,…

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…

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.

Where the lessor is both the owner of the leased property and of the business operated therein, and the lease covers both at the same time, the lessor must pay the lessee, on his departure, compensation corresponding to the profit he may derive from the increase in value made either to the business or to the rental value of the property by the material improvements made by the lessee with…

When the owner of premises used for commercial or craft purposes plans to sell the premises, he must inform the tenant by registered letter with acknowledgement of receipt, or by hand delivery against receipt or acknowledgement of receipt. To be valid, this notification must indicate the price and conditions of the proposed sale. It constitutes an offer of sale to the tenant. The tenant has a period of one month…