01/01/2011 |
Commentaire de l'ordonnance du juge de la mise en état TGI Paris, 8 décembre 2010, AJDI, janvier 2011
For the purposes of applying amended Article L. 145-9 of the Commercial Code, the solution appears clear:
– during the term of the contract and up to and including its expiry, notice to quit can and must be given only for the anniversary dates of the third, sixth and ninth years (or for other dates or periods set by the contract), and the request for renewal is to be made for the day following the contractual expiry date;
– the “last day of the calendar quarter” rule, as the effective date of the landlord’s or the tenant’s notice to quit (and the first day, in the case of a request for renewal), applies only where the notice to quit is given, or the request for renewal is made, for an effective date later than the contractual expiry date.