01/12/2022 | Commercial leases

Offre de renouvellement : le maintien dans les lieux ne vaut pas acceptation

Commentaire de Cass. 3ème civ., 7 septembre 2022, AJDI, décembre 2022

The tenant’s mere continued occupation of the premises after a notice to quit offering renewal and requesting payment of a rent equal to the current rent, together with payment of that rent, constitutes neither acceptance of the renewal nor consent to the reiteration of the original derogating clause excluding any right to terminate, at the end of a three-year period, the lease granted for a term of more than nine years.

Blatter Seynaeve
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