Lease for rehabilitation
LexInter | November 22, 2006 | 0 Comments

Lease for rehabilitation

Chapter II: Rehabilitation lease

Article L252-1

(Law n ° 90-449 of May 31, 1990 art. 11 Official Journal of June 2, 1990)
(Law n ° 2006-872 of July 13, 2006 art. 42 Official Journal of July 16, 2006)
   Is qualified as a rehabilitation lease and subject to the provisions of this chapter the contract by which either an organization of low-rent housing, or a semi-public company whose object is to build or lease housing, or a local authority, or an organization one of whose objects is to contribute to the housing of disadvantaged people and approved for this purpose by the representative of the State in the department, undertakes to carry out improvement work within a specified period on the landlord’s building and to keep it in good repair and repair of any kind with a view to renting this building for residential use during the term of the lease.
The contract indicates the nature of the works, their technical characteristics and the deadline for their execution.
At the end of the lease, the improvements made benefit the lessor without compensation.
The rehabilitation lease is granted by those who have the right to alienate and under the same conditions and forms as the alienation. It is concluded for a minimum period of twelve years. It cannot be extended by tacit renewal.

Article L252-2

(Law n ° 90-449 of May 31, 1990 art. 11 Official Journal of June 2, 1990)
(Law n ° 2006-872 of July 13, 2006 art. 42 Official Journal of July 16, 2006)
   The lessee holds a real property right. This right can be mortgaged; it can be seized in the prescribed forms for the seizure of real estate.
This right is transferable notwithstanding any contrary agreement. The transfer can only be granted to one of the bodies mentioned in the first paragraph of article L. 252-1, with the agreement of the lessor. The right can only be transferred if it relates to the whole of the rented building. The assignor remains the guarantor of the execution of the lease by the assignee.

Article L252-3

(Law n ° 90-449 of May 31, 1990 art. 11 Official Journal of June 2, 1990) 
(Law n ° 2006-872 of July 13, 2006 art. 42 Official Journal of July 16, 2006)
   The effective date of the rehabilitation lease is subject to the conclusion by the lessee of an agreement provided for in Article L. 351-2, the expiry date of which is identical to that of this lease.

Article L252-4

(Law n ° 90-449 of May 31, 1990 art. 11 Official Journal of June 2, 1990) 
(Law n ° 2006-872 of July 13, 2006 art. 42 Official Journal of July 16, 2006)
   Six months before the expiry date of the rehabilitation lease, the lessor may offer the occupants a rental contract taking effect on that date. Failing this, the lessee is required, at the latest three months before the expiry of the rehabilitation lease, to offer the occupants accommodation corresponding to their needs and possibilities. The occupant who has not concluded a rental contract or accepted the rehousing offer is deprived of any title of occupation on the accommodation at the expiration of the rehabilitation lease. At the end of the rehabilitation lease, the lessee is required to return the building to the lessor free of rental and occupation.

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