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Immobilier commercial
Right of option: two occupancy allowances and duality of limitation
The right of option creates two types of occupancy allowances: one statutory, the other common law. The consequences on the prescription of actions for the fixing of these two types of compensation are essential. One is biennial, the other quinquennial. By a judgment of 16 March 2023, the Hi…
Immobilier commercial
Beware of uncapping in the event of a change of lease destination
The change of activity of the lessee, amicably or through the process of despecialization, allows the de-capping of the rent, which should be anticipated with his lessor. The solution provided by the High Court in its judgment dated 15 February 2023 makes it possible to recall the essential…
Immobilier commercial
Denial of the right to the status of commercial leases
When can the Lessee’s lack of registration, which conditions the right to renewal, be invoked by the Lessor? Is it possible to deny the right to renewal during the procedure to have the rent of the renewed lease fixed? Right to renewal of the commercial lease: when can it be denied? …
Immobilier commercial
Compensation at the end of the lease: Accession and restitution of the premises
When drafting the lease and returning the premises, how to anticipate the difficulties relating to the condition of the leased premises, in particular with regard to the accession and restoration clauses stipulated in the commercial lease? Many questions arise during the return of the premis…
Immobilier commercial
Local shops: Limit the risk of uncapping!
In the absence of other reasons, the lessors attempt to de-cap the rent of the renewed lease by invoking a modification of the local commercial factors. However, such a change may be limited when it comes to convenience stores. During the renewal of the commercial lease, in the event of an i…
Immobilier commercial
Renewed lease price in shopping malls: impact of property tax
Why is it necessary, when setting the price of the renewed lease, to deduct the amount of property tax from the rental value, even in shopping malls? A practice that has become commonplace at the time of the conclusion of the lease is that of the transfer of property tax to the lessee, such…