Commercial Leases/Business Goodwill

The owner of the business operated on the premises benefits from a right to renew the lease (Articles L. 145-8 and L. 145-15 of the Commercial Code), which can be exercised either following a favorable response from the landlord to the tenant's renewal request, or by the notice given by the landlord at the expiration of the lease with an offer of renewal.
The notice containing an offer to renew th …

Notice with renewal

The owner of the business operated on the premises benefits from a right to renew the lease (Articles L. 145-8 and L. 145-15 of the Commercial Code), which can be exercised either following a favorable response from the landlord to the tenant's renewal request, or by the notice given by the landlord at the expiration of the lease with an offer of renewal.

The notice containing an offer to renew the lease terminates the title, without ending the tenant's enjoyment. Thus, a new lease arises and takes effect, in principle, from the expiration of the previous lease (Article L. 145-12, para. 3, Commercial Code). It generally renews under the terms and conditions of the previous lease, except possibly for the rent determination. Indeed, this new lease, unlike its extension which only allows for a triennial rent review, permits the landlord to set a new rent effective from the date of the notice. However, the landlord who wishes to obtain a modification of the lease price must mention in their offer the new rent they propose (Article L. 145-11 Commercial Code). Failing that, they must later communicate the amount of this rent by a bailiff's act, by registered letter with acknowledgment of receipt, or in the statement provided for in Article R. 145-23 (Article R. 145-1 Commercial Code). In any case, since the renewal is not subject to the condition of prior determination of the renewed lease price, a new lease begins to run from the effective date of the notice .

Cass. 3e civ., 21 March 1990, LawLex202200003230JBJ.

Commercial Leases/Business Goodwill

205. Notice with renewal

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205. Notice with renewal

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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