ASSIGNMENT AND SUB-LEASE

The prohibition on sublettings

The prohibition of subleases, unless the authorization is stipulated in the lease, results from article L 145-31 of the Commercial Code, unlike the rule in civil law (article L 1717 of the Civil Code) .

 The owner can however give his agreement to a sublet.

 Article L 145-32 provides that the sub-tenant   benefits from the right to renewal with regard to the main tenant to the extent that the latter benefits from it with regard to the owner.

Rental management

Rental management is an exploitation of the fund and is therefore considered to be permitted (Cass. 3 ^rd Civ, May 23, 1995, Bull. Civ. III, N ° 127

 Case law admits the validity of clauses prohibiting free management (Cass. Civ. 3 ^rd , January 10, 1996, RTTDCom 1996 p. 241)

assignment of the lease

All clauses in the contract which prohibit the tenant from assigning his lease are void. However, certain clauses aiming to limit this right are valid. For example, a clause prohibiting the assignment of the isolation lease is possible.

The transfer must be served on the lessor or, accepted by authentic instrument (3 ^rd Civ 24 June 1998). Otherwise, the transfer is unenforceable against the lessor.