Assignment of right to lease

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 land, the buyer necessarily takes over the lease without the owner of the premises being able to oppose it, although the lessor is called upon to act and the transfer must most often obey contractual rules of approval, quality of the assignee’s sign, etc. On the other hand, the law prohibits the lessee from assigning the lease independently of the land, unless otherwise stipulated in the commercial lease or special agreement of the lessor.