01/02/2022 | Commercial leases

Fixation judiciaire du loyer et application dans le temps de la loi Pinel (charges)

Commentaire de Cass. 3ème civ., 17 juin 2021, AJDI, février 2022

A clause in a renewed lease providing that, failing agreement, the base rent will be set by the competent court merely refers the matter to the courts and does not establish a mandatory prior conciliation procedure. The provisions of Decree No. 2014-1317 of 3 November 2014, which created Articles R. 145-35 et seq. of the Commercial Code, apply only from its entry into force on 5 November 2014; the relevant renewal date is the date for which the notice to quit offering renewal was given, even if the rent had not yet been set by then.

Blatter Seynaeve
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