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.
The price set by the court may not, under any circumstances, exceed the limits of the offer and the demand made, as the case may be, pursuant to Article L. 145-37 and in accordance with article R. 145-20 or pursuant to article L. 145-11, unless since then the parties have varied their claims. In the latter case, the price can only take effect, insofar as it would exceed the limits…
The judge adapts the sliding scale to the rental value on the day of the application. If one of the elements used to calculate the sliding scale clause disappears, the revision may only be requested and pursued under the conditions set out in article L. 145-38.
Disputes relating to the fixing of the price of the revised or renewed lease are brought, regardless of the amount of the rent, before the president of the judicial court or the judge who replaces him. A decision shall be taken on the basis of a brief. Other disputes are brought before the judicial court which may, incidentally, rule on the claims mentioned in the previous paragraph. The court with…
Briefs shall state the address of the property leased and: 1° For natural persons, their surname, first names, profession, domicile, nationality, date and place of birth; 2° For legal entities, their name and registered office, as well as the title and surname of their legal representative.
Briefs shall contain: 1° A copy of the application for price fixing made, as the case may be, pursuant to Article L. 145-11 or pursuant to article R. 145-20; 2° Indication of other claims; 3° Explanations of law and fact capable of justifying the claims of their author or refuting those of the other party. Submissions in reply or those drawn up after the taking of evidence may include only…
The pleadings shall be signed by the parties’ lawyers. Copies of documents that the parties consider should be attached thereto shall be certified as true copies of the original by the person signing the pleading. The parties shall notify each other of the pleadings by registered letter with acknowledgement of receipt. Notification is validly made by the tenant to the building manager.
The judge may not, on pain of inadmissibility, be seised before the expiry of a period of one month following receipt by the addressee of the first written pleading. The earliest party submits its pleading to the court registry for the purpose of setting the date of the hearing. It shall attach the documents on which it bases its request and a plan of the premises. It shall also attach…
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is a Registered Trademark of
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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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