Commercial Leases/Business Goodwill

Under the terms of Article L. 145-23-1 of the Commercial Code, the landlord may give notice to reclaim residential premises rented as an accessory to commercial premises, if they are not used for residential purposes, provided that they are not used for such purposes within six months following this notice and that the deprivation of enjoyment of these premises does not cause serious disruption to …

Recovery of ancillary residential premises

Under the terms of Article L. 145-23-1 of the Commercial Code, the landlord may give notice to reclaim residential premises rented as an accessory to commercial premises, if they are not used for residential purposes, provided that they are not used for such purposes within six months following this notice and that the deprivation of enjoyment of these premises does not cause serious disruption to the operation of the business .

Similarly, it is necessary that the premises, both commercial and residential, do not form an indivisible whole , as this indivisibility makes it impossible to partially evict the tenant under the residential lease alone. This will be the case when there is no possibility of accessing the residential premises without using the commercial premises and when the operation of the latter is not feasible without access to the sanitary facilities located within the residential apartment . The notice must concern residential premises. This is not the case for garage premises inseparable from the commercial lease .

Finally, Article L. 145-22, para. 2, of the Commercial Code provides that the right to reclaim residential premises rented incidentally to commercial premises, within the meaning of Article L. 145-23-1 of the same code, cannot be exercised on premises used for hotel or furnished rental purposes, nor on premises used for hospital or educational purposes .

Cass. 3e civ., 1 February 1968, LawLex202200003316JBJ; CA Lyon, 15 February 2024, LawLex202400001625JBJ.

CA Lyon, 15 February 2024, LawLex202400001625JBJ, op. cit.

CA Lyon, 14 May 2013, LawLex202200003488JBJ. - Cf. CA Versailles, 5 May 2011, LawLex202200003466JBJ, which excludes the indivisibility of the operation of the business when the dwelling, located on the first floor, has an independent access.

CA Versailles, 5 May 2011, LawLex202200003466JBJ.

Commercial Leases/Business Goodwill

197. Recovery of ancillary residential premises

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197. Recovery of ancillary residential premises

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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