Rent indexation
The rent of a commercial lease is likely to change during the life of the lease, in particular through indexation and/or revision.
These two mechanisms are distinct, and require regular monitoring, in order to seize opportunities for rent reductions.
Indexing is a contractual mechanism, so it only applies if your commercial lease provides for it. It allows the parties to change the commercial rent at a fixed frequency (generally on the anniversary date of the entry into force of the commercial lease). This change depends on that of the index provided for in the commercial lease.
The rent review is a legal mechanism. It is therefore irrelevant that it is not expressly mentioned in the commercial lease. It is likely to be implemented by the lessor or the lessee, as long as the legal conditions are met.
As part of this rent revision, the legal procedure provides for the rent to be fixed at the rental value of the Commercial Code. It results from several factors applied by the judge, and it is a fact that is not easy to assess. Gouache Avocats, with its partner Colomer Expertises, allows you to approach the value at which your rent could be fixed and thus make the decision whether or not to request a review of your commercial rent.