| August 18, 2002 | 0 Comments
REFUSAL OF LEASE RENEWAL
|The lessor can refuse the renewal of the lease. However, the lessor must, with the exceptions provided for in Articles L. 145-17 et seq., Pay the evicted tenant a so-called eviction indemnity equal to the damage caused by the failure to renew.
This compensation includes in particular the market value of the business, determined according to the customs of the profession, possibly increased by normal moving and reinstallation costs, as well as transfer costs and duties to be paid for a fund of the same value, except in the case where the owner proves that the damage is less.
|Whatever the form, clauses, stipulations and arrangements which have the effect of defeating the right of renewal instituted by this chapter or the provisions of Articles L. 145-4, L. 145-37 to L. 145-41, the first paragraph of article L. 145-42 and articles L. 145-47 to L. 145-54.|
| Are also void, whatever the form, the agreements tending to prohibit the tenant from assigning his lease or the rights he holds from this chapter to the purchaser of his business or his business.
In the event of a merger of companies or the contribution of part of the assets of a company carried out under the conditions provided for in Article L. 236-22, the company resulting from the merger or the company benefiting from the contribution is, notwithstanding any stipulation to the contrary, substituted for that in favor of which the lease was granted in all the rights and obligations arising from this lease.
In the event of transfer, merger or contribution, if the obligation of guarantee can no longer be ensured under the terms of the agreement, the court may substitute any guarantees that it deems sufficient.
|I. – The lessor may refuse the renewal of the lease without being required to pay any compensation:
1 ° If he can justify a serious and legitimate reason against the outgoing tenant. However, if it is either the non-performance of an obligation or the cessation without serious and legitimate reason of the operation of the fund, taking into account the provisions of Article L. 145-8, the offense committed by the lessee can only be invoked if it has continued or renewed more than one month after the lessor has been given notice to stop it. This formal notice must, on pain of nullity, be made by extrajudicial act,
2 ° If it is established that the building must be totally or partially demolished as being in a state of unsanitary condition recognized by the administrative authority or if it is established that it can no longer be occupied without danger because of its state.
II. – In the event of reconstruction by the owner or his successor in title to a new building comprising commercial premises, the tenant has priority right to rent in the reconstructed building, under the conditions provided for by articles L. 145-19 and L . 145-20.
|The lessor has the right to refuse the renewal of the lease to build or rebuild the existing building, subject to paying the evicted tenant the eviction compensation provided for in article L. 145-14.
The same applies to carrying out work requiring the evacuation of the premises included in a sector or perimeter provided for in Articles L. 313-3 and L. 313-4 of the Town Planning Code and authorized or prescribed under the conditions provided for audits articles.
However, the lessor may avoid payment of this compensation by offering the evicted tenant premises corresponding to his needs and possibilities, located in an equivalent location.
Where applicable, the tenant receives compensation to compensate for his temporary deprivation of use and the loss in value of his fund. He is also reimbursed for his normal moving and moving-in expenses.
When the lessor invokes the benefit of this article, he must, in the act of refusal to renew or in the leave, refer to the provisions of paragraph 3 and specify the new rental conditions. The tenant must, within three months, either make known by extrajudicial act his acceptance, or seize the competent court under the conditions provided for in article L. 145-58.
If the parties are only in disagreement on the conditions of the new lease, these are fixed according to the procedure provided for in article L. 145-56.
|To benefit from the right of priority provided for in Article L. 145-17, the tenant must, when leaving the premises or, at the latest within three months which follow, notify the owner of his wish to use it, by extrajudicial act. by letting him know his new home; he must also notify, on pain of forfeiture, any new change of domicile.
The owner who has received such notification must, before renting or himself occupying a new premises, notify the lessee in the same way that he is ready to grant him a new lease. In the absence of agreement between the parties on the conditions of this lease, they are determined according to the procedure provided for in article L. 145-56.
The tenant has a period of three months to pronounce or seize the competent court. This period must, on pain of nullity, be indicated in the notification referred to in the previous paragraph. After this period, the owner can use the premises.
The owner who does not comply with the provisions of the preceding paragraphs is liable, at the request of his tenant, to the payment to the latter of damages.
|When the reconstructed building, under the conditions provided for in Article L. 145-17, has an area greater than that of the original building, the right of priority is limited to premises having an area equivalent to that of the premises previously occupied or likely to meet the same business needs as the latter.
When the reconstructed building does not allow the relocation of all occupants, preference is given to tenants holding the oldest leases who have made known their intention to occupy the premises.
|The owner may also defer the renewal of the lease for a maximum period of three years, if he intends to raise the building and if this increase makes it necessary to temporarily evict the tenant. The latter is entitled, in this case, to compensation equal to the damage suffered without being able to exceed three years’ rent.|
|The lessor may refuse the renewal of the lease exclusively on the part concerning the ancillary residential premises of the commercial premises to live in them himself or have them live by his spouse, his ascendants, his descendants or those of his spouse, at provided that the beneficiary of the repossession does not have a home corresponding to his normal needs and those of the members of his family usually living or domiciled with him.
However, the return under the conditions indicated above cannot be exercised on premises assigned to hotel use or furnished rental, nor on premises for hospital or teaching use.
Likewise, the repossession cannot be exercised when the tenant establishes that the deprivation of use of the residential premises seriously disturbs the operation of the land or when the commercial premises and the residential premises form an indivisible whole.
When the building has been acquired for valuable consideration, the lessor can only benefit from the provisions of this article if his deed of acquisition has a certain date more than six years before the refusal of renewal.
The beneficiary of the right of repossession is required to make available to the tenant whose premises he takes over, the accommodation which, if applicable, could be made vacant by the exercise of this right.
In the case of partial recovery provided for in this article, the rent of the renewed lease takes into account the damage caused to the lessee or to his successor in the exercise of his activity.
Unless there is a legitimate reason, the beneficiary of the repossession must personally occupy the premises within six months of the departure of the evicted tenant and for a minimum period of six years, failing which the evicted tenant is entitled to compensation for eviction. in relation to the importance of the premises taken over.
|The provisions of article L. 145-21 are not applicable to donors of foreign nationality, acting directly or through an intermediary, unless, during the wars of 1914 and 1939, they fought in the French armies. or allies, or that they have children with the status 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.
|The right to renewal is not enforceable against the owner who has obtained a permit to construct a residential premises on all or part of one of the land referred to in 2 ° of article L. 145-1.
This right of repossession can, in any case, only be exercised on the part of the land essential for construction. If it has the effect of necessarily causing the cessation of commercial, industrial or artisanal exploitation, the provisions of Article L. 145-18 are applicable.
|The owner or the main tenant who, at the same time as he is the lessor of the premises, is the seller of the business that is operated there and who has received the full price can refuse the renewal only at the expense of paying the eviction compensation provided for in Article L. 145-14, unless it can be justified for a reason recognized as serious and legitimate against the lessee.|
|The renewal of leases concerning buildings belonging to the State, to departments, to municipalities and to public establishments cannot be refused without the owner community being required to pay the eviction indemnity provided for in Article L. 145 -14, even if its refusal is justified by a reason of public utility.|
|In the event that it should come to be established at the expense of the lessor that he has only exercised the rights conferred on him by articles L. 145-17 and following only with a view to defrauding the rights of the lessee, in particular by rental and resale operations, whether these operations are of a civil or commercial nature, the tenant is entitled to compensation equal to the amount of the damage suffered.|
|No tenant who can claim eviction compensation can be forced to vacate the premises before having received it. Until the payment of this compensation, he is entitled to remain in the premises under the conditions and clauses of the expired lease contract. However, the occupation allowance is determined in accordance with the provisions of sections 6 and 7, taking into account all elements of assessment.
By way of derogation from the previous paragraph, in the only case provided for in the second paragraph of article L. 145-18, the tenant must leave the premises as soon as the provisional compensation is paid as fixed by the president of the tribunal de grande instance ruling on the face of it. an expertise previously ordered in the forms fixed by decree of the Council of State, in application of article L. 145-56.
|In the event of eviction, the premises must be handed over to the lessor for the first day of the term of use following the expiration of the period of two weeks from the payment of the compensation into the hands of the lessee himself or, possibly , a receiver. In the absence of agreement between the parties, the receiver is appointed by the judgment ordering the payment of compensation or failing that by simple order on request.
The indemnity is paid by the receiver to the tenant on his sole receipt, if there is no opposition from the creditors and against delivery of the keys of the empty room, on proof of payment of taxes, rents and subject to rental repairs.
|In the event of non-delivery of the keys on the date set and after formal notice, the receiver retains 1% per day of delay on the amount of the compensation and returns this withholding to the lessor on his receipt only.
When the two-week period provided for in Article L. 145-58 has ended without the lessor having exercised his right of repentance, the eviction indemnity must be paid to the lessee or, possibly, to a receiver, in a period of three months from the date of an order made by extrajudicial act which must, on pain of nullity, reproduce this paragraph.