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Commercial leases

What your lawyer can do for you regarding commercial leases

You need advice, a bailiff (“huissier”) hands you a summons, whether you are a landlord or a tenant, we can assist you, advise you.

Interim payment order

We can initiate a procedure to obtain the payment of the arrears of rent (when you do not wish to break the lease contract)

Resolutory Clause

After a previous order to pay which remained without effect, we can seize the judge to make note that the lease is terminated and recover the premises (if you want to break the lease contract)

#Commercial leases

Garnishment

Obtaining a measure to protect you against the insolvency of your tenant before any legal proceedings or eviction measures.

Company in difficulty,
how to address the situation?

Can my lawyer draft the lease?

The drafting of your commercial lease can be entrusted to your lawyer who will generally submit his/her draft to the tenant’s counsel for his/her review.  To do this, your lawyer has a specific tool at his/her disposal, the “Acte d’Avocat” (art. 1374 of the French Civil Code), which has many advantages, both for the lessor and the lessee, particularly in that it provides greater legal certainty by avoiding numerous subsequent disputes.

My landlord refuses to renew my lease. Does he have the right to do so?

The lessor is entitled to refuse the renewal of the commercial lease but is in principle liable for the payment of an eviction indemnity, which he/she can only escape under very specific conditions, this indemnity having to be equal to the damage caused by the failure to renew. In practice, to determine the amount, a value corresponding to a percentage of the annual turnover will often be used.

I have a commercial lease, can I sublet my premises?

In principle, the subletting of premises rented under a commercial lease is prohibited (L.145-31 of the French Commercial Code). By way of derogation, this will be permitted provided that it has been expressly authorized beforehand, this authorization being the result either of a stipulation in the lease (clause providing for it) or of a special subsequent agreement by the lessor (letter or amendment to the lease). The lessor must also contribute to the deed (art. L.145-31 paragraph 2 of the French Commercial Code).

I cannot find an agreement with my tenant/landlord on the amount of rent for the renewed lease.

When one does not manage to agree on the amount of the renewal rent, it may be useful to try to compromise amicably through one’s lawyer who, in the absence of a possible amicable settlement, will initiate a specific procedure in order to have the new rent fixed by a court decision.

I have refused to renew my tenant's lease and he/she is asking me for eviction compensation. Can I change my mind?

The Commercial Code provides for a right of repentance for a lessor who has refused to renew a lease and who is asked to pay an eviction indemnity that he/she considers too high. In concrete terms, the lessor will be able to retract his/her refusal within a certain period of time and the lease will then be renewed under the same terms and conditions (the renewal rent will still have to be set, however).

My landlord has started a payment procedure, but my situation does not allow me to pay my rent and my expenses, what can I do?

When collection proceedings have been initiated by the lessor against his/her tenant, the latter may ask the judge to take his/her situation into account by deferring or staggering the payment of the sums he/she still owes. This decision issued by the judge suspends the enforcement procedures initiated by the lessor. However, these payment periods may not exceed 24 months.

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Your team

The team is multidisciplinary, and we combine our skills
and experience because we have our clients’ best interests at heart.

Sylvia
CRUBLEAU-COCHARD

Partner HR

+33 (0)2 41 25 37 05 contact

Master’s degree in Corporate Law

Admitted to the bar in 2001

Bertrand
BRECHETEAU

Partner

+33 (0)2 41 25 72 68 contact

Master’s degree in Private Law

University of Paris II – Panthéon Assas

Admitted to the bar in 1993

Specialist in Commercial,

Business and Competition Law

Jean-Baptiste
GUEDON

Lawyer

02 41 25 72 68 contact

Faculté de Droit d’Angers

Master 2 Contentieux privé

Faculté de Droit de Caen Normandie

 

Ecole des Avocats de Poitiers

 

Prestation de serment en 2020

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