Commercial Leases/Business Goodwill

Pursuant to Article R. 145-4, para. 1, of the Commercial Code, “the specific characteristics of the premises may be affected by extrinsic elements consisting of accessory premises, annex premises, or dependencies, leased by the same lessor and capable of joint use with the main premises.” Thus, when the lessor has granted, even by a separate lease, an extension of the premises for commercial use b …

Extrinsic elements

Pursuant to Article R. 145-4, para. 1, of the Commercial Code, “the specific characteristics of the premises may be affected by extrinsic elements consisting of accessory premises, annex premises, or dependencies, leased by the same lessor and capable of joint use with the main premises.” Thus, when the lessor has granted, even by a separate lease, an extension of the premises for commercial use by adding two cellars in the basement of the same building, these extrinsic elements affecting the specific characteristics of the leased premises, consisting of accessory premises or dependencies leased by the same lessor and capable of joint use with the main premises, must be taken into account to set the rent at the rental value .

Article R. 145-4, para. 2, of the Commercial Code specifies that “when the leased premises include a part used for habitation, the rental value of this part is determined by comparison with the prices applied to similar residential premises subject to a new lease, increased or decreased to account for the advantages or disadvantages presented by their integration into a commercial whole.” As a reminder, when a commercial lease, classified as mixed, covers both commercial and residential premises, it is in principle indivisible and commercial for all the premises included . Also, if the provisions relating to the status of commercial leases apply to the whole, the lessor remains obliged to provide decent housing, in accordance with the rules regarding residential leases . The condition or situation of the part of the premises leased for residential use affects their rental value, and the lessee may thus benefit from a discount on the rent amount reserved for habitation in the absence of a comfort room , or due to their immediate proximity to a quick auto repair garage, a nuisance factor .

Cass. 3e civ., 2 December 1992, LawLex202300006144JBJ.

Cass. com., 5 May 1966, LawLex202300006145JBJ.

Cass. 3e civ., 14 October 2009, LawLex202100003985JBJ.

CA Versailles, 21 January 2010, LawLex202300006147JBJ: in this case, the trial court noted the absence of a bathroom in the residential part.

CA Versailles, 7 January 2010, LawLex202300006146JBJ.

Commercial Leases/Business Goodwill

152. Extrinsic elements

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

152. Extrinsic elements

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise