Article L145-30 of the French Commercial Code deals with the consequences of the tenant’s failure to hand over the keys on the date set for vacating the premises, as part of the enforcement of the lease.
Non-delivery of keys :
– If the tenant fails to hand over the keys on the agreed date after formal notice, the receiver (i.e. the person or entity responsible for keeping the eviction compensation) has the right to withhold 1% of the amount of the eviction compensation for each day of delay.
– This deduction is returned to the lessor on presentation of the receipt, without the need for any further formalities or proof.
Payment of eviction compensation :
– When the fifteen-day period provided for in article L.145-58 has elapsed without the lessor having exercised his right to repent (i.e. the right to renounce the termination of the lease by paying the eviction indemnity), the eviction indemnity must be paid to the lessee or to the receiver within three months.
– This payment must be made from the date of a summons delivered by extrajudicial act (bailiff), and this act must, on pain of nullity, reproduce the text of the present paragraph.
Key points
– The mechanism for withholding 1% per day of delay is a coercive measure designed to ensure that the tenant vacates the premises on the agreed date.
– Once the period for repentance has elapsed, the lessor must comply with the three-month time limit for paying the eviction indemnity, failing which the validity of his order may be challenged.
Conclusion
This article therefore imposes precise obligations and strictly regulates the consequences of delay in returning the premises, as well as the process for paying eviction compensation.
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