Commercial Leases/Business Goodwill

The protective mechanism for commercial leases is inapplicable to short-term leases, which are governed by Articles 1708 et seq. of the Civil Code relating to civil leases under common law. In accordance with Article 1728 of the same code, the lessee enjoys the right to use the premises in exchange for the payment of rent. The derogatory lease is a fixed-term contract, the termination of which is  …

Regime of the short-term lease

The protective mechanism for commercial leases is inapplicable to short-term leases, which are governed by Articles 1708 et seq. of the Civil Code relating to civil leases under common law. In accordance with Article 1728 of the same code, the lessee enjoys the right to use the premises in exchange for the payment of rent. The derogatory lease is a fixed-term contract, the termination of which is impossible without mutual agreement between the lessor and the lessee. Thus, when the lessee initiates an early and unilateral termination, they remain liable for the remaining rent and charges .

Since its amendment by the Pinel Law, Article L. 145-5 of the Commercial Code provides in its new paragraph 5 that “an inventory of fixtures is drawn up when the tenant takes possession of the premises and when they are returned, jointly and amicably by the parties or by a third party appointed by them, and attached to the lease agreement.” The new paragraph 6 continues that “if the inventory of fixtures cannot be drawn up under the [previously mentioned] conditions, it is drawn up by a bailiff, at the initiative of the most diligent party, with costs shared equally between the landlord and the tenant.”

It is not prohibited for the lessee to sublet the premises through a lease derogating from the status of commercial leases, even if the main lease is subject to it. The rules applicable to the derogatory sublease are identical to those of Article L. 145-5 of the Commercial Code, so the subtenant who remains in the premises beyond the duration of the derogatory sublease without their enjoyment being disturbed or contested by any of the successive main tenants benefits from the status of commercial leases . Even if derogatory, the sublease remains subject to the provisions of Article L. 145-31 of the Commercial Code. Thus, when the lease authorizes precarious subleases and a tenant grants subleases for a duration not exceeding the maximum legal duration allowed, derogating from the provisions of the status of commercial leases, they are required to call upon the lessor to participate in the sublease agreements .

Cass. 3e civ., 3 April 2001, LawLex202200001802JBJ.

Cass. 3e civ., 17 December 2014, LawLex202200001806JBJ.

Cass. 3e civ., 1 March 1995, LawLex202200001801JBJ.

Commercial Leases/Business Goodwill

58. Regime of the short-term lease

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58. Regime of the short-term lease

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise