Commercial Leases/Business Goodwill

The contractual freedom governing the setting of the initial rent of the commercial lease  is, in principle, also intended to apply to that of the sublease rent. However, when the amount of the sublease rent exceeds that of the principal rent, the owner of the premises, who should receive the benefits of their property and not the tenant, may seek an adjustment to obtain a corresponding increase in the rent of the latter (Article L. 145-31, para. 3, Commercial Code).

Cass. 3e civ., 2 October 1984, LawLex202100004801JBJ.

337. Principle