Question 9737 — leases

Summary

Article 14 of Law No. 2014-626 of June 18, 2014 relating to crafts, commerce and very small businesses, codified in Article L. 145-46-1 of the Commercial Code, established a right of pre-emption for the benefit of the tenant of premises for commercial or artisanal use in the event of sale of this premises. The lease contract binding the owner of a premises and the operator of a student or hotel residence or an accommodation establishment for dependent elderly people is of a commercial nature since the operating tenant does not limit itself to subletting the residential accommodation which makes up the residence but also makes at least three of the four services listed in article 261 D of the general tax code available to the sub-tenants. Due to its commercial nature, the lease contract falls within the requirements of article L. 145-46-1 of the Commercial Code. The tenant holding the lease and operating the residence benefits, in application of this text, from a public right of pre-emption when the owner-lessor decides to sell the premises. Furthermore, when the lessor has validly issued notice of leave under the conditions provided for in Article L. 145-9 of the Commercial Code, the lease ceases to produce its effects at the end of the six months legally provided for and the tenant no longer benefits from any rights derived from the status of commercial leases. If the latter remains in the premises beyond this period, he can no longer avail himself of the rights arising from the lease which has now been terminated. After the six-month period has expired, he can no longer claim to benefit from the right of pre-emption. The same applies if, in application of article L. 145-28 of the commercial code, the evicted tenant remains in the rented premises pending payment of eviction compensation by the lessor. Until payment, lessor and lessee are required to execute the conditions and clauses of the expired lease. However, if the right of pre-emption has not been contractually provided for, the evicted tenant cannot benefit from the right of pre-emption codified in article L. 145-46-1 of the commercial code.

Machine translation from French. The official text remains authoritative.

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• Constance Le Grip · auteur

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