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The commercial lease
Definition Lease
The trader, industrialist or craftsman who rents a premises to carry out his professional activity benefits from the status of commercial leases.
The commercial lease, governed by articles L 145-1 and following of the Commercial Code, assures the tenant of commercial ownership: the tenant has a right to the renewal of his lease, or an eviction indemnity, which is equal to the value of the business, increased by moving expenses.
The commercial lease is concluded for a period of at least 9 years, diagnoses are annexed (Sheet 10-2: mandatory diagnoses for rental). He tacitly renews himself.
Namely : it is possible to set up a derogatory lease, the duration of which can not exceed 3 years at the conclusion of the lease. This short-term lease escapes the rules of the commercial lease.
The amount of rent can be fixed. It can also be based on the tenant's turnover . A "door step" or "entrance fee" is sometimes practiced: it is a sum requested from the tenant by the lessor when entering the premises.
For commercial leases concluded since September 1, 2014, an inventory must be established when taking possession of the premises when they are returned, contradictorily and amicably, or failing that, by a judicial officer, at costs shared by half between the lessor and the tenant.
It is useful to draft precisely the clauses of the lease relating to charges and rental repairs.
• For leases concluded before June 20, 2014, the law did not provide for a list of recoverable charges or rental repairs, and this subject is the subject of frequent litigation.
• The lease concluded since June 20, 2014 must mention the charges, taxes and duties, and their distribution between lessor and tenant. An annual summary must be prepared. Since a decree of November 3, 2014, the list of charges and taxes that can not be imputed to the tenant is specified.
In the general case, the tenant can give leave for the expiration of each three-year period, that is, after 3 years, 6 years, 9 years. The leave is issued by bailiff, 6 months before the deadline.
The lessor can only give leave for the end of the lease, 6 months in advance, and by bailiff. If he does not propose to the tenant to renew the lease, he must pay him an eviction indemnity, unless the tenant has committed faults justifying the non-renewal of the lease.
The commercial lease, governed by articles L 145-1 and following of the Commercial Code, assures the tenant of commercial ownership: the tenant has a right to the renewal of his lease, or an eviction indemnity, which is equal to the value of the business, increased by moving expenses.
The commercial lease is concluded for a period of at least 9 years, diagnoses are annexed (Sheet 10-2: mandatory diagnoses for rental). He tacitly renews himself.
Namely : it is possible to set up a derogatory lease, the duration of which can not exceed 3 years at the conclusion of the lease. This short-term lease escapes the rules of the commercial lease.
The amount of rent can be fixed. It can also be based on the tenant's turnover . A "door step" or "entrance fee" is sometimes practiced: it is a sum requested from the tenant by the lessor when entering the premises.
For commercial leases concluded since September 1, 2014, an inventory must be established when taking possession of the premises when they are returned, contradictorily and amicably, or failing that, by a judicial officer, at costs shared by half between the lessor and the tenant.
It is useful to draft precisely the clauses of the lease relating to charges and rental repairs.
• For leases concluded before June 20, 2014, the law did not provide for a list of recoverable charges or rental repairs, and this subject is the subject of frequent litigation.
• The lease concluded since June 20, 2014 must mention the charges, taxes and duties, and their distribution between lessor and tenant. An annual summary must be prepared. Since a decree of November 3, 2014, the list of charges and taxes that can not be imputed to the tenant is specified.
In the general case, the tenant can give leave for the expiration of each three-year period, that is, after 3 years, 6 years, 9 years. The leave is issued by bailiff, 6 months before the deadline.
The lessor can only give leave for the end of the lease, 6 months in advance, and by bailiff. If he does not propose to the tenant to renew the lease, he must pay him an eviction indemnity, unless the tenant has committed faults justifying the non-renewal of the lease.
Good to know
The commercial lease must also contain in annex the mandatory technical diagnostics (asbestos, DPE ...), the green annex and the state of natural and technological risks.
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