Being a specialist in legal law, I am often asked to advise entrepreneurs on the drafting of their commercial leases. This is a crucial subject that can have a major impact on the success of a business. Today, I will share with you my expertise to guide you in writing a commercial lease legally. Follow me in this practical guide that will help you avoid current traps and secure your commercial rental.
The essential elements of a legal commercial lease
Writing a bail commercial requires special attention to certain key elements. Here are the crucial points to include the legality of your contract:
Duration and stakeholders
First of all, it is essential to stipulate the duration of the lease. The law provides for a minimum duration of 9 years for a classic commercial lease. However, there is an option for short -term leases, not exceeding 3 years. I have often advised my clients to think carefully about this duration according to their long -term projects.
Then, the precise identity of the parties must be clearly mentioned. This includes the lessor (owner) and the lessee (tenant). Do not forget to indicate all the necessary details: complete names, addresses, and possibly the SIRET numbers for companies.
Description of the premises and authorized activity
A detailed description of the rented room is essential. I have seen too much disputes arise from inaccuracies on this subject. Include the area, the exact address, and all the equipment made available. In addition, clearly specify the destination of the premises and the authorized activity. This will avoid any future misunderstanding on the use of the room.
Financial conditions
The amount of the rent and its payment terms must be explicitly indicated. Do not forget to specify:
- The periodicity of payment (generally monthly)
- The conditions for revising rent
- The distribution of charges between lessor and lessee
I always recommend being as precise as possible on these financial aspects to avoid any future dispute.
Drafting and validation of the commercial lease
Once the essential elements have been identified, it is time to go to the proper writing of the commercial lease. Here are my advice to ensure its legality and validity.
Who can write the lease?
Contrary to popular belief, the commercial lease can be written by the parties themselves. However, given the growing complexity of legislation, I strongly recommend that I call a professional: notary or lawyer. Their expertise avoids expensive errors. I have often helped customers rectify poorly written leases, and believe me, it’s always more complicated afterwards!
Signature: Recommended but not compulsory
Surprisingly for many, the signature of the lease is not legally compulsory for it to be valid. Nevertheless, I cannot insist too much on the importance of this signature. It offers incomparable legal certainty. In the absence of signature, the lease can be proven by other means, such as the collection of rents or the lack of opposition from the lessor to the installation of the lessee. But why take this risk?
Here is a summary table of the advantages of the signature of the lease:
| With signature | Sans signature |
|---|---|
| Undeniable proof of the contract | Need to prove the existence of the lease |
| Clarity of the conditions for both parties | Risk of disagreement on terms |
| Strengthened legal security | Potential legal uncertainty |
Specific clauses to include
Pour Write a legality commercial leasesome specific clauses deserve special attention:
- Rent review clause : Choose a reference index (ILC or ILAT) and specify the periodicity of the revision.
- Mobile scale clause : For an automatic rent review according to the index chosen.
- Resolving clause : Defines the conditions for terminating the lease in the event of a serious breach.
- Non-competition clause : If relevant for your activity.
Be careful, however, some clauses are prohibited, such as those providing for automatic penalties. The legality of each clause must be carefully verified.
Do not forget to include the conditions of a possible transfer or sublet. It is an often overlooked point which can be crucial for the future flexibility of your business.
Finally, remember to annex compulsory technical diagnostics to the lease, such as the energy performance diagnosis (DPE). This is an aspect that I have seen too often forgotten and which can cause problems afterwards.
To deepen this subject, I invite you to consult my practical guide on writing a commercial lease, which offers additional and detailed advice.
Legal aspects not to be overlooked
The writing of a commercial lease involves navigating in a complex legal framework. Here are the essential points to keep in mind to ensure the legality of your contract.
Respect for the status of commercial leases
The commercial lease must imperatively comply with the public order provisions of the status of commercial leases. These rules are non -negotiable and impose themselves on all parties. They concern in particular:
- The right to renew the lease
- The conditions for condemning rent
- The legitimate reasons for refusal of renewal
I always insist with my clients on the importance of fully understanding these rules. They may have a considerable impact on the sustainability of their commercial activity.
Inventory and diagnostics
The realization of an inventory of entry and exit is a crucial step. I have seen too much disputes arise from disagreements on the condition of the premises. Precisely document the inventory to protect you.
In addition, do not forget the compulsory technical diagnoses. They must be annexed to the lease. It is not only a legal obligation, but also protection for both parties.
Ceiling and unpleasant rent
The basic principle is the cap of the increase in rent to the variation of the chosen index. On the other hand, a disposal is possible in certain cases, in particular in the event of significant modification of the commercial factors. Be careful however, this move is limited to 10% per year.
I always advise my customers to think well about these revision clauses. They may have a significant impact on the economic viability of their long -term activity.
For a detailed comparison with other types of leases, I recommend that you consult my article on the differences between civil lease and commercial lease.
Finalization and securing of the lease
The last step in writing your commercial lease is its finalization and securing. Here are my latest tips to make sure everything is in order.
Reread each clause carefully. Make sure that all the important points have been covered and that the language used is clear and unambiguous. Do not hesitate to have the document reread by a third party, ideally a law of law.
Check that all the necessary appendices are attached to the lease. This includes technical diagnoses, but also any document mentioned in the body of the lease.
Finally, even if the signature is not legally compulsory, I cannot insist too much on its importance. Organize a formal signature session, where each page of the lease will be initialed and the last signed by all parties.
By following these tips, you will be able to Write a commercial lease solid and in accordance with the law. Remember that each situation is unique. If in doubt, do not hesitate to consult a professional. A well -written lease is the foundation of a serene and productive commercial relationship.
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