Definition of a commercial lease | Peluc.net

Le Damento advertising spot It is an essential contract in the business world. I regulate the relationship between the owner of a commercial premises (the lessor) and the company he wishes to use it (the tenant).

In this article, we explore in detail what a Scembio di FailIts characteristics, its implications for both sides and practical advice to negotiate it well.

What is a commercial lease contract?

A sliced ​​of bail It is a long -term contract that allows a company to manage a room for commercial purposes.

Unlike a residential lease, which applies to the accommodation, the commercial lease contract is specially designed for commercial activities, such as shops, offices, workshops or restaurants.

This type of contract is regulated by Commercial code and provides precise rules regarding the rights and obligations of both sides.

The characteristics of the commercial lease contract

1. Duration

THE Duration of a commercial lease It is generally longer than that of a residential lease.

In France, the minimum duration is nine years old, but can be renewed or closed in specific conditions.

There are also short -term lease contracts (less than three years), but they are less common.

This long duration allows companies to stabilize and plan their long -term development.

2. Rent

The rent is a central element of the commercial lease. It can be freely fixed by the parties, but must be clearly mentioned in the contract.

In addition, the landlord can provide revisions of the rent at regular intervals, often based on economic clues such as the commercial rental index (ILC).

The revision clauses must be carefully negotiated, as they can have a significant impact on the company’s profitability.

3. Use of the premises

The commercial lease contract specifies the use of the premises. It can be an exclusive use for a type of activity (such as a restaurant or clothing store) or mixed use.

This clause is crucial, because any deviation can lead to legal consequences.

For example, if a tenant wishes to change the activity for which the premises have been rented, he must often obtain the lessor’s agreement.

4. Rights and obligations

The commercial deposit also defines the rights and obligations of both parties.

The lessor has the obligation to provide a room in accordance with the safety and hygiene standards, while the tenant must comply with the terms of the contract and pay the rent in time.

Maintenance obligations can also be specified in the contract, specifying who is responsible for repairs and current maintenance.

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Another important aspect of the commercial lease contract is the possibility of transferring the lease or subbloor contract.

The tenant may have the right to sell the lease to third parties or sub -seal in whole or in part of the premises.

However, this generally requires the previous agreement of the lessor. These clauses must be clearly indicated in the contract to avoid future complications.

The implications of the commercial lease contract

For the lessor

For the owner, a commercial lease contract can be a stable source of income.

However, it must also be aware of the risks related to the vacant place for rent, as well as to the maintenance obligations of the premises.

In case of non -payment of the rent, the lessor has appealed, but this can lead to long and expensive legal proceedings.

In addition, the lessor must make sure his property is attractive to attract new tenants in the event of departure.

For the tenant

For the tenant, a commercial lease offers the safety of a position for its business.

This allows the company to develop its customers and establish a presence on the market.

However, the tenant must be alert when negotiating the terms, since a scarcely drawn up lease contract can lead to financial or legal difficulties.

It is therefore essential to understand the implications of each clause and be accompanied by a professional if necessary.

Practical advice to negotiate a commercial lease

1. Reading the attention of the contract

Before signing a commercial lease, it is essential to read carefully each clause.

Taking time to understand the implications of each element can avoid future disagreements.

2. Negotiate the clauses

Do not hesitate to negotiate the clauses of the contract.

Whether the duration, the amount of the rent or the review conditions, every aspect can be discussed to achieve a balanced agreement.