Sections de l’article
Depending on the professional’s activity, different types of contracts are possible. If it is a merchant or a craftsman, the commercial lease is the most appropriate scheme. If, on the other hand, it is a professional practicing as a liberal (doctor, lawyer, etc.), the professional lease is the most appropriate legal regime.
Commercial lease
Minimum term of 9 years, at the end of which, the parties will be able to renew the lease for a fixed term. The commercial lease offers other important advantages: the termination of the commercial lease involves the payment by the landlord of a predatory allowance compensated the tenant for the potential adverse consequences of the early termination of the lease. If the initiative comes from the tenant, however, it will also have to wait at least for the end of the third year of the lease and respect a 6-month notice before the arrival of the anniversary date to signal to the lessor its intention to break the contract. Another major advantage of the commercial lease regime for the tenant is the possibility of the lease being sold. The lease is considered to be one of the components of the tenant’s business fund. As such, the latter is therefore in principle entitled to give it away on a specific basis.
Professional lease
In this case, the minimum term of the lease will be 6 years, renewable. It should be noted that unlike the commercial lease, the tenant here will not receive eviction compensation in the event of a breach of the lease. On the other hand, if he enjoys the right to cede the lease or sublet the premises as the merchant tenant, he cannot do so without the landlord’s permission. In principle, the professional lease ends at the end of the 6-year term. However, the professional is entitled to break it early at any time subject to the issuance of a notice. Such notice must be sent to the lessor at least 6 months before the proposed break-up date either by bailiff’s deed or by recommended letter with acknowledgement. There are no reasons for the leave issued.