Question 41510 — leases

Summary

Mr. Antoine Savignat draws the attention of the Minister of the Economy, Finance and Recovery to the disastrous consequences of the covid-19 pandemic, with regard to the abusive actions of managers of service residences. Many small investors, encouraged by the State and institutional organizations such as banks, have participated for decades in the economic dynamism of the country's tourism activity, investing in hotel residences. They have concretely participated in increasing the country's tourist reception capacity as well as in the economic development of this highly job-creating activity. Since March 2020 and the start of the covid-19 crisis, owner-lessors of tourist residences have been strongly impacted by the various and varied hazards linked to the pandemic because they do not benefit from any of the measures put in place by the State (FDS) or by local authorities for businesses in the tourism sector. In this unprecedented context, abusive actions are to be deplored on the part of certain residence managers. Indeed, managers of hotel residences, including some prominent ones, have stopped paying rent under the pretext of the pandemic. Some immediately interpreted the order of March 25, 2020 into its article 4 which suspends certain execution procedures such as the opportunity to evade their obligation to pay rent. Caught between their bank loans linked to their investments and the rents remaining unpaid by tourist groups, many of these individuals find themselves in very critical financial situations. The tourism recovery plan dated May 14, 2020 offers and guarantees operators, particularly during the first state of emergency, maintaining sufficient cash flow to “immediately” cover current operating expenses such as the debts of their main supplier, namely the rents from their lessors. The actions of certain managers have remained silent for too long and are placing small investors in unsustainable financial situations. That's why he asks her what are its intentions and what measures it intends to take so that managers who seek to evade their obligations are very quickly sanctioned by requiring them to use aid to pay their creditors; failing this, since the allocation rules have not been respected, reimbursement would have to be demanded; on the other hand, so that justice proceeds quickly with regard to deviant managers so that small landlords finally obtain payment of rent arrears as contractually planned and finally so that the LMP / LMNP profession obtains like others the implementation of the State aid plan.

Machine translation from French. The official text remains authoritative.

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