Commercial Leases/Business Goodwill

The irregular nature of the sublease makes it unenforceable against the property owner. Thus, when the main lease is terminated or when the owner refuses its renewal, the subtenant becomes an occupant without right or title , liable for the payment of an occupancy indemnity .

No legal relationship binds the subtenant to the owner of the premises; therefore, the latter cannot request the termination of the sublease contract and, as long as the main lease continues, cannot directly act for the eviction against the subtenant . Similarly, the subtenant cannot claim any legal title against the owner, notably the direct right of renewal of the sublease provided by Article L. 145-32, para. 2, of the Commercial Code .

CA Aix-en-Provence, 4 July 2024, LawLex202400005171JBJ.

Cass. 3e civ., 19 June 1970, LawLex202300012692JBJ.

Cass. 3e civ., 1 February 2012, LawLex202200010103JBJ; 2 May 2012, LawLex202200010102JBJ.

CA Aix-en-Provence, 4 July 2024, LawLex202400005171JBJ, which specifies that the irregular nature of the sublease makes the direct right to renewal unenforceable against the owner.

331. Relations between the property owner and the subtenant