Sublease its commercial premises
You wish to sublet your premises, partially or in its entirety, and you are wondering about the legal terms of this sublet.We propose to accompany you in your approach by carrying out an analysis of your lease, in order to determine whether you have the right, on the contractual level.
Indeed, the total or partial subletting of your premises is in principle prohibited unless a stipulation is provided for in the commercial lease.
As a second step, we submit a roadmap to achieve your goal:
- negotiation with the lessor to obtain the right to sublease, written permission to be obtained, if necessary;
- drafting of the sublease agreement, so that it articulates harmoniously with the main commercial lease agreement.
The possibility of subletting often requires the agreement of the lessor and it is therefore appropriate to inform him of your project.
This agreement does not allow the subtenant to act as it sees fit. The latter will be required to comply with the stipulations of the commercial lease binding the lessor to the main tenant.
If the lessor does not give his agreement, the principal lessee is liable to the termination of the commercial lease being continued, and ordered in court.
Nicolas Pchibich
Avocat associé
Responsable "Immobilier commercial"
Stéphane Ingold
Avocat associé
Responsable "Immobilier commercial"
Our methodology allows us to secure the sublease operation with respect to both the lessor and the subtenant and to draft a sublease agreement taking into account the stipulations of the main commercial lease.
