In what condition should the commercial premises be returned?
The end of your lease is coming and you must return your premises.
This restitution raises many questions insofar as after a long occupation of the work could have been carried out in the rented premises.
Reference should first be made to the clauses of the lease to determine the terms of restitution.
The clauses of this lease may evoke a restitution “in good condition of rental repairs” or “in perfect condition of rental repairs”.
The lessor may sometimes reserve the right to ask his tenant to return the premises to their original condition.
Moreover, financial penalties (penal clauses) may accompany the clauses and conditions related to this restitution.
However, case law protects tenants by recalling that rebates on the cost of restoration may be applied in view of the duration of the occupation.
In addition, it is often considered that in order to obtain compensation, the lessor had to demonstrate damage resulting from a restitution that it would consider unsatisfactory.
We support our customers in the return of their premises, in particular in the event of a dispute with their lessors.
Stéphane Ingold
Avocat associé
Responsable "Immobilier commercial"
Nicolas Pchibich
Avocat associé
Responsable "Immobilier commercial"
What does your lease say about the return of your commercial premises?
Our lawyers are at your disposal to assist you in preserving your rights on the occasion of the return of your business premises.
