01/11/2018 | Commercial leases

Quelques réflexions contemporaines sur le droit de reprise du bailleur en cas de construction ou reconstruction de l'immeuble.

Administrer, novembre 2018.

Many buildings in the tertiary sector, in particular shopping centres and office buildings, require restructuring, demolition and reconstruction, or extension works.

In such operations, landlords usually need to be able to recover the leased premises early, which the commercial lease regime allows by giving them the option of serving notice to quit on the tenant during the lease under Article L. 145-18 of the Commercial Code.

While this conditional right of termination has advantages over an ordinary notice to quit, it should be modernised to meet the demands of the real estate market while protecting tenants.

Blatter Seynaeve
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