LexInter | April 24, 2002 | 0 Comments

RIGHT TO RENEW A LEASE

COMMERCIAL CODE (Legislative Part)
Section 3: Renewal
Article L145-8
The right to renew the lease can only be invoked by the owner of the land which is used in the premises.
The fund transformed, if applicable, under the conditions provided for in section 8 of this chapter, must, except for legitimate reasons, have been the object of effective exploitation during the three years preceding the date of expiry of the lease or its renewal as provided for in Article L. 145-9, the latter date being either the date for which the leave was given, or, if a request for renewal has been made, the term of usage which follows this request.
Deduces exactly that the company beneficiary of a partial contribution of assets from the lessee is deprived of the right to renew the lease as well as the right to payment of eviction compensation, a court which notes that on the date of issuance of the leave, this company was not registered in the trade and companies register for the premises concerned and which rightly points out that, substituted for the ceding company in the rights and obligations of the lease, the transferee company could not avail itself of the registration thereof, art. 35 of decree n ° 53-960 of September 30, 1953, not including in this regard any derogation from the principle of the tenant’s registration obligation which conditions the application of the statute.Supreme Court 3 e civ.7 November 2001 , n. A.Lienhard ,  Le Dalloz, n ° 1, January 3, 2002, Business Law Book, Case law, Case law news p. 94

 

Article L145-9
By way of derogation from Articles 1736 and 1737 of the Civil Code, the leases of premises subject to the provisions of this chapter cease only by the effect of a leave given according to local practice and at least six months in advance.
In the absence of notice, the written lease continues by tacit agreement beyond the term fixed by the contract, in accordance with Article 1738 of the Civil Code and subject to the reservations provided for in the previous paragraph.
The lease, the duration of which is subordinated to an event the realization of which authorizes the lessor to request termination, only ceases, beyond the period of nine years, by the effect of a notification made six months in advance and for a term of use. This notification must mention the occurrence of the event provided for in the contract.
In the case of a lease comprising several periods, if the lessor terminates the lease at the end of the first nine years or at the end of one of the following periods, the notice must be given within the time limits provided for in paragraph first above.
The leave must be given by extrajudicial act. It must, on pain of nullity, specify the reasons for which it is given and indicate that the tenant who intends to either contest the leave or request the payment of eviction compensation, must, on pain of foreclosure, seize the court before the expiration of a period of two years from the date for which the notice was given.
” in the event of contractual submission to the decree of September 30, 1953 relating to the commercial lease, clauses contrary to the mandatory provisions of the aforementioned text relating to the form of the leave are void;Cass. Plenary Assembly, May 17, 2002
Article L145-10
In the absence of notice, the tenant who wishes to obtain the renewal of his lease must apply for it either within the six months preceding the expiry of the lease, or, if applicable, at any time during its renewal.
The request for renewal must be served on the lessor by extrajudicial document. Unless otherwise stipulated or notified by the latter, it may, as well as himself, be validly addressed to him in the person of the manager, who is deemed to have the capacity to receive it. If there are several owners, the request addressed to one of them is valid, unless stipulated or notified to the contrary, with regard to all of them.
It must, on pain of nullity, reproduce the terms of the paragraph below.
Within three months of the service of the request for renewal, the lessor must, in the same way, inform the applicant if he refuses the renewal, specifying the reasons for this refusal. Failing to have made known his intentions within this period, the lessor is deemed to have accepted the principle of renewal of the previous lease.
The extrajudicial document notifying the refusal to renew must, on pain of nullity, indicate that the tenant who intends to either contest the refusal to renew or request the payment of eviction compensation, must, on pain of foreclosure, seize the court before the expiration of a period of two years from the date on which the refusal to renew is served.
Article L145-11
The lessor who, without being opposed to the principle of renewal, wishes to obtain a modification of the price of the lease must, in the leave provided for in article L. 145-9 or in the response to the renewal request provided for in article L 145-10, make known the rent he is proposing, failing which the new price is only due from the request which is subsequently made in accordance with the terms defined by decree of the Council of State.
Article L145-12
The term of the renewed lease is nine years unless the parties agree to a longer term.
The provisions of the second and third paragraphs of article L. 145-4 are applicable during the renewed lease.
The new lease takes effect from the expiration of the previous lease, or, where applicable, its renewal, the latter date being either the one for which the leave was given, or, if a request for renewal has been made, the usage term that follows this request.
However, when the lessor has notified, either by notice or by refusal to renew, his intention not to renew the lease, and if, subsequently, he decides to renew it, the new lease takes effect from day on which this acceptance was notified to the tenant by extrajudicial document.
Article L145-13
Subject to the provisions of the law of May 28, 1943 relating to the application to foreigners of the laws relating to rental leases and farm leases, the provisions of this section may not be invoked by traders, manufacturers or registered persons. in the directory of professions of foreign nationality, acting directly or through an intermediary, unless, during the wars of 1914 and 1939, they did not fight in the French or Allied armies, or they have children with the quality of French.
The preceding paragraph is not applicable to nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area.

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