01/01/2019 | Commercial leases

Indexation du loyer et demande de révision

Commentaire de l'arrêt de Cass. 3ème civ., 17 mai 2018, AJDI, janvier 2019

Where there is a valid sliding-scale clause providing for the rent to be indexed annually on 1 July, the request for rent review made by the landlord on 23 December 2009 under Article L. 145-39 of the Commercial Code does not give rise to a distortion prohibited by Article L. 112-1 of the Monetary and Financial Code. The judge must adjust the operation of the sliding-scale clause to the rental value. Furthermore, a review intended to bring the rent into line with the rental value, owing to a variation in rent of more than 25% resulting from the operation of the sliding-scale clause, is not capped, and the rent must be set at the rental value whatever its level, even if higher than the amount reached under the indexation clause.

Blatter Seynaeve
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