14 December 2015 keuhlu

How to Get Out of a Commercial Lease in France?

Ending a commercial lease early under the French Law

How should I terminate a commercial lease in France?

Under the French law, the termination of a commercial lease has to follow several legal rules in order to be enforced by a court.

HOW ?

The rules of the notification of the termination are very technical and specific. We strongly advise that you have our legal counsel for this process.

TERMINATION BY A BAILIFF

Under the French law, notice must be given by a bailiff (article L. 145-9 of the French commercial code).

Our firm can hire a bailiff and follow his work for you.

WHEN ?

At the end of the lease (common commercial lease lasts 9 years) and anytime after the first 9 years if you haven’t signed a new lease yet.

You cannot terminate a lease during the first 9 years.

Exceptions : You are allow to terminate the lease before the first 9 years if your tenant has not followed the contract (e.g. not paying rent or breaching any clause of the lease).

The landlord/lessor has to give a 6 months notice period in any case.

HOW MUCH ?

You will have to pay damages (“indemnité d’éviction”) to your tenant if you decide to terminate the lease (not applicable if your tenant breached the lease).

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