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La société d’avocats Damy

La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.  

Law No. 2014-626 of 18 June 2014 relating to handicrafts, trade and very small enterprises known as the "Pinel Law" came to reform the status of commercial leases. One of the major changes concerns the allocation of rental expenses between the lessor and the lessee.

Until then, lessor and lessee were free to determine the apportionment of charges at their discretion and often most of the charges were borne by the lessee. The Pinel law and its decree established the fate of rental expenses. Thus, the Pinel Act has created an article L145-40-2 in the Commercial Code which specifies that:

Every lease agreement shall contain an accurate and limited inventory of the categories of charges, taxes, duties and royalties related to this lease, including an indication of their distribution between the lessor and the lessee. This inventory gives rise to an annual summary statement sent by the landlord to the tenant within a time limit set by regulation. During the course of the lease, the lessor informs the lessee of new charges, taxes, taxes and royalties. At the conclusion of the lease agreement and every three years thereafter, the lessor shall inform each lessee:

1° An estimate of the work that it intends to carry out in the following three years, together with an estimated budget; 2° A summary statement of the work it has carried out in the previous three years, specifying its cost.

In a multi-tenant real estate project, the lease agreement specifies the allocation of expenses or the cost of the work between the various tenants occupying the project. This distribution depends on the area used. The amount of taxes, taxes and royalties that may be charged to the lessee corresponds strictly to the premises occupied by each lessee and the share of the common parts necessary to operate the leased property. During the course of a lease, the lessor is required to inform tenants of any change in the allocation of charges between tenants. A decree in the Council of State shall lay down the detailed rules for the application of this article. It specifies the charges, taxes, taxes and royalties which, because of their nature, cannot be charged to the lessee and the conditions for informing lessees." From now on, at the time of the conclusion of the lease agreement (or its renewal), a restrictive list specifying all charges, taxes, taxes and royalties must be drawn up. In addition, there will be an estimate of the work that the lessor intends to carry out within three years, together with a provisional budget and a summary statement of the work already carried out over the last three years (these documents are to be provided at each three-year deadline). This list will also specify who the lessor or lessee will have to pay each of the charges. However, Decree No. 2014-1317 of 3 November 2014 imposes restrictions on the free distribution of rental charges between lessor and lessee.

The decree created article R145-35 of the French Commercial Code, which prohibits certain rental charges from being charged to the tenant. Therefore, for commercial leases concluded or renewed from 5 November 2014 onwards, cannot be charged to the tenant:

1° Expenditure relating to major repairs mentioned in Article 606 of the Civil Code and, where applicable, fees for carrying out such work;

2° Expenditure relating to work aimed at remedying obsolescence or bringing the rented property or the building in which it is located into conformity with the regulations, provided that it is covered by the major repairs mentioned in the preceding paragraph;

3° Taxes, in particular the territorial economic contribution, taxes and royalties payable by the landlord or the owner of the premises or immovable; however, the tenant may be charged with property tax and additional taxes on the property tax as well as taxes, taxes and royalties related to the use of the premises or immovable or to a service from which the tenant benefits directly or indirectly;

4° The lessor's fees related to the management of the rents of the premises or immovable subject to the lease;

5° In a real estate complex, charges, taxes, taxes, royalties and the cost of works relating to vacant premises or attributable to other tenants. The allocation of expenses, taxes, taxes and royalties and the cost of works relating to the real estate complex can be conventionally weighted between tenants. These weightings are communicated to the tenants.

The expenses referred to in subparagraphs 1 and 2 do not include expenses relating to embellishment work the amount of which exceeds the cost of replacement to the same extent. As a result, the major repairs to article 606 of the Civil Code are in the process of being carried out.