Renouvellement_du_bail_commercial

Manage Commercial Lease Renewal

Gouache Avocat assists you in managing the renewal of your commercial lease

GOUACHE accompanies you to manage this situation which presents legal uncertainty:

  • the tenant no longer holds the right to the lease, which may prevent him from selling his business,
  • the tacit extension of the duration of the initial lease may lead to exceeding the duration of 12 years, allowing the owner to de-cap the amount of rent, further depriving the lessee of rent smoothing.

We have a tool for managing lease deadlines. We can administer your commercial lease on your behalf. This tool makes it possible to negotiate the changeover in your best interests.

We have a tool developed with a legal expert, the Rent Tester, to assess the rental value of the premises. This allows us to quickly develop strategies following the issuance of a leave with renewal offer.

Your commercial lease is coming to an end: your right to renewal

Your lease expires or has been extended beyond. You have received a leave of absence with an offer of renewal or you are wondering about the advisability of requesting the renewal of your lease.

The tenant has a right of public order to the renewal of this lease, that is to say a right to remain in the premises to continue its operation, except to be awarded compensation (called “eviction compensation “).

It is this right to renewal, also called “commercial property “, which allows tenants (or “lessees”) to value their business assets.

It is therefore essential for tenants to take the right steps taking into account that the commercial lease does not automatically end.

To renew it, you must:

  • an application for renewal made within 6 months prior to or beyond the term of your lease, or;
  • a leave with offer of renewal from the lessor 6 months before the end of your lease or beyond this term.

 

A leave of absence has been issued to you: negotiate the conditions for the renewal of your commercial lease

If you have been granted leave, we will accompany you to negotiate the terms of the renewal of your lease and, if necessary, defend your interests in court.

You could indeed accept the principle of renewal but dispute the price of the lease in renewal.

In such a case, we will seek an amicable solution with you and, failing that, will study the advisability of referring the matter to the judge within two years of the first presentation of the leave.

If neither party acts within two years of the effective date of the renewal, the lease will be renewed to the terms and conditions of the expired lease.

In the absence of a request for renewal or leave from the lessor, the lease tacitly extends beyond the term set by the contract.

 

Stéphane Ingold

Avocat associé

Responsable "Immobilier commercial"

Nicolas Pchibich

Avocat associé

Responsable "Immobilier commercial"

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Encyclopédie et des formules Fonds de Commerce du Dictionnaire Permanent

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Fédération française de la Franchise

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Forte notoriété - Immobilier

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Pratique réputée - contentieux commercial

Pratique réputée en contentieux commercial

Formateur en droit des baux commerciaux

Formateur en droit des baux commerciaux (EFE)

Avoid any legal uncertainty related to this delicate phase of the renewal of the commercial lease.

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Rent Tester

Test immediately if your rent is within the range of the values observed in your catchment area, by querying the Colomer Expertises database.

Test immediately if your rent is within the range of the values observed in your catchment area, by querying the Colomer Expertises database.