More content to inform you
Immobilier commercial
Ceiling of renewed rent: independence of the cause and its effects!
By a judgment of 18 September 2025, the Court of Cassation confirmed, or even clarified, its position on taking into account the evolution of local factors of commerciality allowing the de-capping of the revised rent: a favorable impact on commercial activity is sufficient, even without an effective and real impact on the business operated on the premises.
Immobilier commercial
Optimize rent management in commercial real estate
At the conclusion of the lease, the rent is set freely by the parties. However, it may change during the lease or when it is renewed.
The drafting of contractual clauses is therefore essential to anticipate and optimize the management of rents.
Immobilier commercial
Is the obligation to take out new insurance a reason for uncapping?
If the lessor is required to take out civil liability insurance, this obligation constitutes a significant modification and a reason for de-capping the rent. The fact that the lessor has already taken out such insurance, before it becomes mandatory, does not deprive it of its significant character allowing it to escape the de-capping.
Immobilier commercial
Pharmacy – rent - evidence and mediation
Rent fixing proceedings are sometimes lengthy, as the parties do not always provide proof of their claims. This is why a judicial expert is appointed. Now, the court can lengthen this procedure by ordering the parties to meet with a mediator.
