Commercial Leases/Business Goodwill

The lessor may accept the tenant's renewal request purely and simply, but nothing prevents them from requesting a modification of the lease price, in accordance with Article L. 145-11 of the Commercial Code, which specifies that they must, in the response, indicate the rent they propose. However, the lessor who has not indicated the proposed rent amount in their response may subsequently request a …

Acceptance

The lessor may accept the tenant's renewal request purely and simply, but nothing prevents them from requesting a modification of the lease price, in accordance with Article L. 145-11 of the Commercial Code, which specifies that they must, in the response, indicate the rent they propose. However, the lessor who has not indicated the proposed rent amount in their response may subsequently request a modification of the lease price by a judicial commissioner'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). In this case, the new price is only due from the date of this request.

When the landlord has not made their intentions known within the three-month period following the notification of the renewal request, Article L. 145-10, para. 4, of the Commercial Code states that they “are deemed to have accepted the principle of renewing the previous lease.” Thus, the silence  or late response  of the landlord results in a presumption of acceptance of the renewal under the terms and conditions of the expired lease , including the clause relating to the indivisibility of the premises when they, subject to a single lease, are divided into two distinct properties. However, the tacit acceptance of the renewal does not deprive the landlord of the right to request the setting of a new rent . Nevertheless, in the case of multiple owners, one of the landlords cannot, alone, initiate the action for judicial determination of the rent of the renewed lease .

Furthermore, the acceptance in principle of the lease renewal, which is only provisional, does not prevent the subsequent exercise of the landlord's option right, who refuses the renewal by offering the payment of eviction compensation , nor does it prohibit the latter from refusing the renewal of the lease for a serious and legitimate reason, under the conditions provided for in Article L. 145-17 of the Commercial Code . However, if a landlord, who has not opposed a request for lease renewal and has irrevocably accepted the principle, can request the termination of the new lease if they justify breaches occurring after the renewal , it is different when these breaches are prior . Finally, when the landlord has notified the tenant, after the notice referring to the termination clause whose effects have not been judicially recognized, an acceptance of the principle of lease renewal, they have unequivocally waived the right to rely on the violations reported in the prior notice to obtain the termination of the renewed lease .

Cass. 3e civ., 3 October 1990, LawLex202300010625JBJ: it is the responsibility of the lessor to indicate whether they intend to refuse the renewal within three months of the notification of the tenant's request, and if they have not done so, they are deemed to have accepted the principle of the lease renewal.

Cass. 3e civ., 4 May 2011, LawLex202300010626JBJ.

Cass. 3e civ., 19 December 2012, LawLex202300011147JBJ.

Cass. 3e civ., 16 September 2015, LawLex202200003365JBJ.

Cass. 3e civ., 7 December 1977, LawLex202300011149JBJ.

Cass. 3e civ., 20 May 2021, LawLex202200003791JBJ.

Cass. 3e civ., 1 February 2018, LawLex202300010940JBJ.

Cass. 3e civ., 11 May 2022, LawLex202200005262JBJ.

Commercial Leases/Business Goodwill

218. Acceptance

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Les notions juridiques connexes

218. Acceptance

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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