Assignment of a leasehold right

Need a lawyer to  draft a lease assignment?

We help you to:

• Sign the first commitments as soon as possible and in particular the promise, then control the reiteration period
• Verify that the purpose of the assignment is a leasehold right to avoid any requalification or nullity
• Manage the Lessor’s agreement, in particular in the event of a modification of the activities authorized in the destination clause
• Purge sources of litigation

What formalities for the assignment of a commercial lease or assignment of the right to the lease?

Gouache Avocats drafts deeds of assignment of lease rights, for its customers of brands and franchisors.

The assignment of the right to lease consists of the isolated assignment of an element of the business: the commercial lease, to which is attached, in France, a right to renewal or to eviction compensation, which confers a patrimonial value on the right to lease.

When an operator transfers his business, the buyer necessarily takes over the lease without the owner of the premises being able to oppose it. subject to the clauses of the lease. On the other hand, the law, most often recalled in a clause of the lease, prohibits the tenant from assigning the lease independently of the land, unless otherwise provided (very rare in practice).

The assignment of the right to lease does not obey the same rules as those of the transfer of business. In particular, it is not subject to legal formality and the sale price does not necessarily have to be sequestered.

For these reasons, and when the lessor allows it, many sellers wish to use this solution to transmit a point of sale. However, it is necessary to be vigilant on the assessment of the risk of requalification of the assignment of leasehold rights to the assignment of goodwill. It should also be borne in mind that the commercial lease allows the lessee to enjoy a building and that, as such, the role of the drafting lawyer is to secure the real estate aspects: alignment, urban planning provisions, diagnostics, compliance of the building with the regulations, co-ownership regulations, so as to assure the sign that the situation of the building will not prevent peaceful enjoyment.

Gouache Avocats drafts a large number of assignments of lease rights for its merchant, branch or franchisor clients. In this capacity, he developed:

• a complete and secure act;
• a procedure for preparing the deed, including standardized documents and steps.

This organization leads Gouache Avocats to apply competitive rates, really correlated to the average time spent on the file, which can allow us to be referenced by national or local intermediaries as well as by trade unions or professional bodies to draft the acts of the cases they deal with.

Gouache Avocats can assist you with any aspect related to the sale of your commercial leases.