Commercial Leases/Business Goodwill

When the landlord takes the initiative, they must, in principle, issue a notice with an offer of renewal, according to the rules applicable to notices. Thus, it must be given by extrajudicial act (Article L. 145-9, para. 5, Commercial Code) and at least six months before the lease expiration date (Article L. 145-9, para. 5, Commercial Code), the date on which it takes effect. In the event of tacit …

Notice by the landlord

When the landlord takes the initiative, they must, in principle, issue a notice with an offer of renewal, according to the rules applicable to notices. Thus, it must be given by extrajudicial act (Article L. 145-9, para. 5, Commercial Code) and at least six months before the lease expiration date (Article L. 145-9, para. 5, Commercial Code), the date on which it takes effect. In the event of tacit extension, Article L. 145-9, paragraph 2, of the Commercial Code specifies, however, that "the notice must be given at least six months in advance and for the last day of the calendar quarter."

Article L. 145-11 of the Commercial Code specifies that the lessor who wishes to obtain a modification of the lease price must, in the notice, indicate the rent they propose. Failing this, the new price is only due from the date of the subsequent request, made by bailiff's act, by registered letter with acknowledgment of receipt, or in the memorandum provided for in Article R. 145-23 (Art. R. 145-1 Commercial Code), specifying that "disputes relating to the determination of the price of the revised or renewed lease are brought, regardless of the amount of the rent, before the president of the Judicial Court," who rules on memorandum (Art. R. 145-23 Commercial Code).

Commercial Leases/Business Goodwill

210. Notice by the landlord

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Les notions juridiques connexes

210. Notice by the landlord

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Les notions juridiques connexes

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