Get your legal roadmap to have your rent set at rental value.
You have tested your rent and discovered that there is an opportunity to have your rent set at rental value. You now want to study the legal modalities to achieve this result.
The Gouache Avocats “When and how to obtain the revision of your rent” mapping consists in indicating in consideration contractual documents (commercial lease, amendments) and notices of expiry:
- if a request for a downward or upward revision of the rent is possible on the basis of Article L 145-39 of the Commercial Code, specifying the timing and modalities of implementation of such a request; the calculation of the evolution of the rent (25% compared to the last fixing) will be delivered,
- the timing and modalities of implementation of a request for a downward or upward revision of the rent on the basis of Article L 145-38 of the Commercial Code by explaining the textual conditions of such a request without deciding on its feasibility, said conditions having to be examined by an expert specialized in rental value estimation such as, for example, Colomer Expertises, unless the expert has previously provided the firm with this information;
- in the event that a downward or upward revision of the rent is not possible, the timing and modalities of implementing a renewal of the lease at a rent corresponding to the rental value by explaining the textual conditions of a renewal without deciding on the feasibility of a fixation at the rental value, said conditions (namely significant modification of the elements mentioned in 1° to 4° of Article L. 145-33 of the Commercial Code) must be examined by an expert specialized in rental value estimation such as, for example, Colomer Expertises, unless there is an exception to the capping rules following a clause of the contract relating to the duration of the lease.
The €249 excl. tax paid for this service is deducted from the fees invoiced by Gouache Avocats as part of an amicable or judicial assistance, to obtain the fixing of the rent at the rental value.
The service is provided by SELARL RETAIL PLACES, a law firm registered with the Paris Bar, with a capital of €15,000.00, registered with the Paris Trade and Companies Register, under number 750569782, whose registered office is located in Paris, 4 rue Dufrénoy, 75116 Paris, represented by Stéphane Ingold and Nicolas PCHIBICH.
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Review your rent at the right price
You can lower the rent on your commercial lease in two ways if you meet certain conditions.
These two legal modes should not be confused with indexation (or conventional revision) which may be provided for by an indexation clause (or sliding scale clause) in your lease.
You can lower the rent on your commercial lease in two ways if you meet certain conditions.
These two legal modes should not be confused with indexation (or conventional revision) which may be provided for by an indexation clause (or sliding scale clause) in your lease.