依照艺术. L. 145-1 ff. 商业守则, a commercial lease exists when a 租金al property is 租金ed to commercial tenants for commercial, 用于工业或贸易目的以换取租金. Tenants receive special protections in the framework of a commercial lease 在法国. 这些包括, for example: the right to unilateral lease extension for all tenants; 租户’s right to sell their commercial operation and the lease at any time without the landlord being able to terminate the lease with the purchaser.
This is diffe租金 from the sole transfer of the lease agreement without the commercial operation, 哪些可以在合同中被排除, or the three-year solidarity liability of the former tenant for outstanding 租金 payments upon transfer of the commercial operation. The nationality of 租户 is now also of no importance to their protection under French commercial lease contracts.
Four cumulative conditions are required for a French commercial lease, pursuant to Art. L. 《十大菠菜台子》145-1-1:
该物业还必须注册为商业出租物业. 否则，依照本法第十条的规定需要变更献礼. L.631-7《十大菠菜台子》(在本例中), 请同时参考市政法规的规定). 在奉献宗旨的框架内, it is also absolutely advisable for 租户 to agree to a “tous commerces” clause in the commercial lease agreement;
商业租赁合同(1).e. (商业保释金)也必须签署. The commercial lease status is not derived from the actual use of the property;
一个“商业爱好者”，我.e. an established and exercised commercial operation, must then be conducted on the 租金al property.
法国《菠菜台子集合》的实施, 于6月20日生效, 2014, 已经导致了重大的变化和严格的法规(例如.g. 自由安排的公用事业合同分工, 税, and fees is no longer possible; new, detailed distribution of which repairs are the responsibility of 租户 and of the landlord; obligatory handover certificate upon occupying and vacating; indexing of 租金 to the ICC is no longer possible; 10% maximum ceiling for 租金 increases; 等.). 租金可以每三年调整一次, 自法律变更以来，只有ILC或ILAT索引适用.
与法国签订了至少9年的商业租约, with unilateral termination possible by 租户 after three or six years. For this reason, this form of lease is commonly also known as 3/6/9 在法国. A commercial lease 在法国 can of course also be signed for a longer period.
商业 leases with longer or shorter legal lease agreement periods are not subject to the French commercial lease regulations (e.g. 保释emphyteotique, 保释金建设, 让步immobiliere, 长期卧病derogatoires, 合同位置说明, 《十大菠菜台子》, 等.).
禁止无限制的商业租赁协议. In principle, 租户 can unilaterally terminate the lease every three years. Contractual exceptions to this rule are possible for office 租金als or for minimum lease agreement periods of longer than nine years. 这些要求, 然而, that 租户 comply with a termination notice period of at least six months and that notice of termination is delivered by a bailiff. 自《菠菜台子集合》实施以来, the commercial lease agreement can now also be terminated via registered letter with return receipt.
如前所述, 在法国, 租户, 不像房东, 原则上 has the option of terminating the lease unilaterally every three years. The tenant also has the right to a lease extension after expiration of the contractual minimum lease duration (i.e. 9年). 业主可以, 原则上, only deny an extension of the 租金al agreement after expiration of the contractual minimum lease period in exchange for a sometimes very high compensation payment (“indemnité d’eviction”).
Defining a flat-rate amount for this compensation in the commercial lease agreement is not allowed. Exceptions to the unilateral lease extension and compensation payment exist when there is an important reason (e.g. the condition of the building does not enable further 租金al or major construction or even the demolition of the building is planned). It is also possible to contractually define these exceptions so that the landlord also has a unilateral right to terminate the lease every three years if these exceptions are in place.
在一般情况下, exceptional contractual termination clauses are also included in French lease agreements (“clause resolutoire”). 用这些从句, the parties to the lease can each terminate the lease agreement unilaterally at any time, 符合一定的正式要求, if the other party does not comply with important contractual provisions (e.g. 未缴付租金).
It is of course possible for the contracting parties to terminate the lease early by mutual agreement at any time.
如果业主希望出售出租物业, 承租人在12月18日有优先购买权, 2014.
转租 of a commercial 租金al property is only possible with the agreement of the owner. Implied approval by the landlord is only sufficient in certain circumstances. 如果租客希望转租, 当这还没有被合同排除时, it is advisable that they notify the owner of the planned 转租 via court bailiff or registered letter with return receipt, 给业主一个批准或拒绝转租的最后期限.
法国商业租赁协议一般规定租金, which is freely agreed upon at the latest upon signature of the contract (the legal protection mechanisms apply to lease extensions), 每月预支工资, 还有一笔相当于一到三个月租金的保证金. 保证金不含增值税. A “clause recettes,” in which the 租金 depends on 租户’s revenue, should be avoided. It may, 然而, be agreed that the 租金 is due only at the end of each month.
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