Résiliation du bail commercial

Free up your point of sale at three-yearly deadlines

Need a lawyer to terminate a commercial lease?


You are experiencing economic hardship. You want to return your apron, the point of sale is not profitable.
You ask about the opportunity and possibility of releasing yourself from your commitments during the lease or beyond its term.

 

What formalities to terminate the commercial lease?

During the commercial lease, you may terminate the lease at the end of each three-year period, subject to the issuance of a leave of absence at least six months in advance.

This leave may be issued at any time:

  • if you apply for your pension rights, if you receive a disability pension,
  • by the heirs of the deceased tenant,
  • by the sole shareholder of a EURL and by the majority manager for at least two years of a SARL.

At any time, it is possible to obtain the termination of the lease subject to the agreement of both parties. In such a case, termination indemnity could be claimed.

Beyond the end of the commercial lease  (continued by tacit extension), you may terminate the lease at any time, subject to the issuance of a leave of absence and compliance with a six-month notice period.

For its part, your lessor may also terminate the commercial lease at the end of each three-year period in strictly limited cases (takeover to build, reallocation of the ancillary residential space, completion of restoration work, demolition as part of an urban renewal project).

Exit commercial lease amicably

Our lawyers will discuss with you how to exit the commercial lease amicably.

To facilitate the search for an agreement, and to obtain the absence or limitation of the termination indemnity, GOUACHE analyzes your commercial lease and your rental situation in order to detect the useful arguments to achieve your goals.

We can also manage the deadlines for your business location on  your behalf.

By entrusting us with the delivery of your leave, as well as the execution of the essential acts of your lease, you will avoid date errors and ensure the security of your acts.

Be aware that a leave issued on the wrong date will be postponed to the end of the following three-year period, which would delay the successful completion of your project.

We are trained in reasoned negotiation as well as mediation. Gouache Avocats thus facilitates exchanges with the lessor and the conclusion of an early termination agreement.

In the event of a leave issued by the lessor, we verify the reasons given free of charge. If after examining the leave issued by the lessor, it turns out to be non-compliant, we will propose a roadmap to defend your interests as well as an adapted pricing.

Nicolas Pchibich

Avocat associé

Responsable "Immobilier commercial"

Stéphane Ingold

Avocat associé

Responsable "Immobilier commercial"

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