Article L145-29 of the French Commercial Code deals with the conditions under which the tenant must return the premises in the event of eviction, and the payment of eviction compensation.
Key points to remember :
Time limit for returning the premises :
The lessee must return the premises to the lessor within three months of payment of the eviction indemnity, either directly to the lessee or to a receiver appointed for this purpose.
Appointment of receiver :
In the absence of agreement between the parties on the appointment of a receiver, the latter is appointed by the judgment ordering payment of the indemnity. Failing this, he may be appointed by a simple court order.
Payment of compensation :
The receiver pays the indemnity to the tenant as soon as the latter hands over the keys to the empty premises and provides proof of payment of taxes and rent, and provided that he or she has carried out the necessary repairs. Payment is made on the tenant’s receipt alone, unless creditors object.
Opposition by creditors :
If the tenant’s creditors object, this could delay or condition payment of the indemnity.
Conclusion
In practice, this article guarantees the lessor a degree of security with regard to the restitution of the premises and the vacating of the premises, while protecting the lessee’s rights via the eviction indemnity. The procedures provided for are designed to provide a framework for the restitution of the premises, particularly in the event of conflict or difficulty between the parties.
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