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The drafting of the commercial lease is an important moment for both the lessee and the lessor. Thanks to the lawyer’s act, the two parties secure very specific points which could prove to be contentious, such as the inventory or the termination of the lease.
The declared activity:
The activity mentioned in the lease is often very restrictive. The lessee must therefore be extremely vigilant when drafting this clause. If he wishes to extend his activity to a related activity, the lawyer’s deed can have this mentioned very clearly in the lease. If he has not done so, the landlord may demand, in return, a despecialization allowance, or even a rent increase. Each new activity may be subject to litigation. It is therefore necessary to clearly define the activities in the lease: those existing on the day of the contract and those which could be subsequently.
A second state of affairs:
The commercial lease almost systematically imposes a contradictory inventory at the signing of the lease. At the end of the lease, the lessee is often required to return the premises to their original state. In the event of development work authorized by the lessor, it is therefore more prudent to have a contradictory statement drawn up with the lawyer’s deed, that is to say a second inventory after completion of the work. In this case, the return of the premises will be made according to this second inventory and not the original inventory.
Who pays for the work?
With the help of the lawyer, the two parties are advised on the drafting of a clause which specifies all the degradations which would be likely to fall under major works at the expense of the lessor, under penalty for the lessee to be there financially. tenuous. Regarding the work prescribed by the administration, such as work related to health and safety standards, they are treated as repairs made necessary by force majeure and are therefore the responsibility of the lessor. On the other hand, if these works are consecutive to the use of the installations, they are the responsibility of the lessee. It is essential to list precisely in the deed the facilities envisaged by the lessee to exercise his activity.
Failure to pay:
A termination clause must be included in the deed which allows automatic termination of the lease in the event of non-payment. But this clause is not sufficient and it is necessary to add a mention which specifies that the lessor can invoke the termination of the lease only on the condition of having previously served a command to pay by bailiff. A period is granted to the lessee.
DAMY Law Firm , Nice, business law, Update 2022
