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The tenant is free to sublet the premises concerned by this lease. However, he undertakes to inform the owner in case of subletting. The classic commercial lease, known as “3-6-9 leasing”, is concluded for a period of 9 years. However, the tenant has a right of termination of three years, which allows him to request the termination of the lease at the end of each 3-year period. The annual increase or decrease in rents is proportional to the quarterly commercial rent published by I. N.S.E.E., according to the following formula: new rent = last rent X (current index / index in force at the conclusion of the lease). To easily create your professional lease, you can find a draft template on the Internet to ensure a complete document that complies with the legislation. In case of difficulties, it is best to seek the help of a specialized lawyer. The tenant declares to know the premises well, because he has seen and inspected them.
The owner declares that the property is regularly used for professional purposes in accordance with administrative regulations. `Within three months of service of the application for extension, the lessor must inform the applicant, by means of extrajudicial documents, whether he opposes the extension and the reasons for that refusal. If he has not made known his intentions within this period, the lessor is deemed to have accepted the principle of renewal of the previous lease. » The tenant undertakes to take the premises in the state in which they are when they enter the premises, to maintain them in good condition and to return them in the state in which he received them at the end of this professional rental contract. He undertakes to maintain them in a permanent state of effective and normal operation. The lease must contain a description of the premises and annexes. It also includes a target clause indicating the type of activity to which the tenant is entitled in the premises. The amount of the first rent is calculated in proportion to the duration of the lease in relation to a full term. The regulation respecting commercial leases confers certain guarantees on the lessee who carries on his activity on the premises, including a right of renewal.
A landlord who rejects the tenant`s request for an extension of the lease must in principle pay him an eviction indemnity. 2. The lessor shall attach to the contract a precise and exhaustive list of the categories of duties, taxes and charges, indicating their apportionment. It applies to the rental of premises used exclusively for a professional activity in which the tenant cannot live, but can only carry out his professional activity. He must justify their payment to the landlord at any application and, in particular, at the end of the lease before any removal of movable and material property. The deposit amount cannot be changed or bear interest. It is independent of rents and charges, which must be paid regularly on the dates specified in this lease. Indicate here whether the owner, who owns the premises and rents them, is a natural person or a legal person (i.e. a company or association). Do you need personal help? In the end, you can choose as an option to consult a lawyer. The tenant may request the extension of his lease either in the six months preceding the expiry of the lease, or, if applicable, at any time during its renewal. The lease is concluded taking into account the person of the tenant, who undertakes to use the property personally.
Of course, the simplest and most advantageous for the tenant is to draft a professional lease for “all businesses”. However, this type of precision is becoming increasingly rare, since the owner of the walls that issue the professional lease wishes to keep control over the type of activity carried out on his premises. Note: For commercial premises not intended for the operation of a craft, commercial or industrial fund, it is necessary to use: (iv) the fees of the lessor in the context of the management of the rents of the premises or buildings subject to the lease; and The owner declares that the use of such premises is not due to an unauthorized conversion of residential premises into commercial premises.