Refusal of renewal of the commercial lease by the lessor

Have you received a leave of absence with refusal to renew the commercial lease?

Your lease expires or has been extended beyond. You have been granted a leave of absence with a refusal to renew.

This refusal to renew could have catastrophic consequences for the merchant, who could lose his business.

This is why, apart from the cases specifically listed by the Commercial Code, the lessor who wishes to refuse the renewal of the commercial lease must pay you an eviction indemnity which may correspond to the value of your business.

The most Refusal to renew:, must be served by writ of commissioner of justice at least six months in advance, must specify the reasons for which it is given and must indicate that the tenant who intends to contest the leave or request the payment of a Eviction Compensation: must refer the matter to the court within two years of the effective date of the leave.

In practice, the lessor will often try to invoke the lessee’s faults in an attempt to exonerate himself from the payment of the eviction indemnity.

Obtain eviction compensation when the commercial lease is not renewed

Your objectives:

– Oppose the refusal to renew the lease without compensation for eviction

– Obtain the best eviction compensation possible

GOUACHE accompanies you to appoint a judicial expert and, on the basis of the report filed, ask the court to fix the eviction compensation due by your lessor, up to the amount of your damage.

The judge will also set the amount of the occupancy allowance due to the lessor for the period between the effective date of the leave and the date of your actual departure, which will generally extend until the end of the legal proceedings.

Given the size of the sums at stake, this procedure is highly strategic for any business operator.

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 to assess the rental value of the premises. This allows us to quickly develop strategies following the issuance of a leave of absence with refusal of renewal.