Application of the commercial lease statute to protect tenants
The status of commercial leases
A tenant wishes to have his lease reclassified as a commercial lease in order to benefit from the status of commercial leases. In this case, the tenant was an artist, and it is not obvious whether the lease qualifies as a commercial lease.
Artist and entitlement to commercial lease status
A painter obtained the application of the status of commercial leases to his lease, because :
- he sold paintings on the commercial premises,
- he was eligible to contribute to the Maison des Artistes security fund,
- he was recognized as an author of graphic and plastic works of art,
even if the premises and the object of the commercial lease were not registered in the files of the caisse de sécurité de la maison des artistes. Cass. Civ.3, March 23, 2011, n°10-304495
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