01/01/2019 | Commercial leases
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.