Commercial Leases/Business Goodwill

Under the terms of Article L. 145-21 of the Commercial Code, the landlord may give notice to raise the building. The tenant being temporarily deprived of their enjoyment, for a maximum duration of three years, which constitutes the time necessary for the elevation , the landlord is required to pay them compensation equal to the damage suffered, which cannot exceed three years of rent.
If Article L …

Temporary resumption for elevation

Under the terms of Article L. 145-21 of the Commercial Code, the landlord may give notice to raise the building. The tenant being temporarily deprived of their enjoyment, for a maximum duration of three years, which constitutes the time necessary for the elevation , the landlord is required to pay them compensation equal to the damage suffered, which cannot exceed three years of rent.

If Article L.145-21 only concerns elevation and is not applicable to demolition and reconstruction work, governed by the provisions of Article L. 145-18 of the Commercial Code , the landlord's project falls within its scope. This project involves constructing a multi-story building above part of a hangar rented for commercial use, by building reinforced concrete pillars from the ground of the hangar that will support the framework of this building along with the existing walls, since the demolition is limited to the unused ridge of the hangar and is directly related to the needs of the elevation .

Cass. 3e civ., 5 July 1995, LawLex202200003321JBJ, which holds that in the event of an elevation, only an adaptation of the contract to the new configuration of the leased property is necessary.

Cass. 3e civ., 6 January 1976, LawLex202200006579JBJ; CA Versailles, 28 March 2024, LawLex202400002810JBJ, which holds that the elevation, which involves demolishing the roof and the top floors of a building to create new spaces, does not fall within the provisions of Article L. 145-18 of the Commercial Code, which applies only in the case of repossession for the purpose of total demolition and then reconstruction of the building subject to the lease, regardless of the extent of the work carried out, provided that at the end, the tenant can reoccupy the leased premises, it being specified that the landlord is not required to return the leased premises in identical condition.

Cass. com., 8 February 1961, LawLex202200003394JBJ.

Commercial Leases/Business Goodwill

196. Temporary resumption for elevation

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196. Temporary resumption for elevation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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