Commercial Leases/Business Goodwill

Even if the lessor has given notice to the lessee, they may request the termination of the lease by invoking reasons already mentioned in the notice, and possibly subsequent to it .

Once a landlord accepts the renewal of the commercial lease, even tacitly, they can no longer invoke, to seek judicial termination, the tenant's breaches prior to the renewal date , unless these were discovered by them only after the renewal, or if they are repeated breaches that continue thereafter .

The subsidiary request for judicial termination is, however, admissible notwithstanding the expiration of the lease due to a notice with refusal to renew, as long as the breach of the lease obligations attributed to the lessee constitutes a serious and legitimate cause for termination and the lessee, claiming an eviction indemnity, remains on the premises under the conditions of the expired lease . The tenant's fault justifying the termination of the lease may result in the forfeiture of their right to the payment of this indemnity , even if they have vacated the premises during the proceedings .

Furthermore, this action for judicial termination is not subject to a prior formal notice .

Cass. 3e civ., 7 October 1987, LawLex202100001332JBJ; 1 March 1995, LawLex202300010939JBJ; 12 July 2011, LawLex202200009336JBJ.

Cass. 3e civ., 1 February 2018, LawLex202300010940JBJ; 20 May 2021, LawLex202200003791JBJ.

CA Montpellier, 2 November 2022, LawLex202200009875JBJ.

Cass. 3e civ., 30 September 2009, LawLex202200003876JBJ; CA Versailles, 24 November 2022, LawLex202200010910JBJ. - However, Cass. 3e civ., 19 May 2010, LawLex202200003875JBJ, for a request seeking judicial termination inadmissible because the lessee abandoned the leased premises.

CA Paris, 17 January 2018, LawLex202200004042JBJ.

Cass. 3e civ., 5 October 2017, LawLex202200004363JBJ.

Cass. 3e civ., 4 May 2000, LawLex202200003862JBJ.

261. Subsequent request after notice