The LPI Avocat firm assists both landlords and tenants at every stage of a commercial lease, providing both advisory and litigation services.

Our intervention aims to secure contractual relationships and effectively defend the interests of the party concerned, whether they are a property owner, a merchant, a craftsperson, or a self-employed professional.

This area of expertise includes:

• Drafting, Negotiation, and Renewal of Commercial Leases

Although the commercial lease is a long-term commitment for both landlords and tenants, many companies discover unbalanced clauses or legal risks that impact the profitability of their project or business too late. A commercial lease audit conducted upstream by our firm allows for an in-depth analysis of each clause: duration, termination terms, rent review methods, distribution of charges, maintenance obligations, indexation, subletting, assignment, or requested guarantees. This approach helps anticipate difficulties, identify weak points, and spot opportunities for optimization or future negotiation.

Furthermore, the drafting of commercial leases and renewal deeds must comply with the mandatory provisions of the Commercial Code and meet the requirements of the “loi Pinel” of June 18, 2014. We therefore verify compliance with these provisions in the draft leases submitted to us for review or drafting.

We also assist you with rental management (notices of expiry, rent indexation, service charge statements).

• Lease Performance

Our firm assists you during events and difficulties likely to arise during the lease, such as default on rent and charge payments, reconciliation of charges and rent indexation, disturbances of quiet enjoyment, landlord breaches (repairs, compliance, delivery), or tenant breaches (unauthorized activity, damage, unauthorized subletting), and construction-related litigation.

In cases of unpaid rent, it is essential to act without delay to avoid an increase in debt and/or the opening of insolvency proceedings. Our firm implements the necessary procedures, whether to support the landlord’s interests (reminders, formal notices, service of process for a forfeiture clause, and, as a last resort, judicial proceedings to obtain lease termination and tenant eviction) or the tenant’s interests (for whom the assistance of an attorney can help request payment delays or contest an abusive claim, while preserving the continuity of their business).

• Judicial Rent Review and Determination During the Lease and Upon Renewal

Commercial lease rent is subject to a mandatory triennial review, or even annual indexation if provided for in the lease—steps that can lead to disputes or the need for a summary of corresponding amounts.

Similarly, the renewal of a commercial lease—a key stage for the sustainability of any professional activity—is likely to lead to a dispute between the parties regarding the determination of the renewed rent. This may require an expert opinion, whether amicable or judicial, and a petition to the commercial lease judge to set the rent if the parties disagree. Such an action requires the assistance of professional experts to determine the rental value of the leased premises and assess the risk of “déplafonnement” (rent ceiling removal). The assistance of an attorney helps avoid procedural errors and anticipate potential roadblocks, particularly during the negotiation of the new rent or the terms of the renewed lease. In case of disagreement, the firm assists you in bringing the matter before the competent judge to assert your rights.

• Termination of a Commercial Lease

Our firm assists you in cases of notice with an offer of or refusal of renewal, with or without an eviction indemnity, by the landlord, and in cases of notice or request for renewal by the tenant. As such, it is important to master the deadlines within which these acts must be served, particularly to avoid the “déplafonnement” of the commercial rent for a tenant, and to ensure that the legally required mentions appear in the notice or renewal request to avoid any subsequent dispute regarding its validity.

In cases of notice with refusal of renewal issued by the landlord, parties often struggle to agree on the amount of the eviction indemnity to be paid to the tenant—a dispute in which we can assist you in either an amicable or litigious framework.

• Assignment of Lease Rights or Business Assets

Our firm is qualified to assist you in the assignment of a commercial lease and/or business assets (fonds de commerce), as these are often complex operations requiring perfect mastery of legal rules at each stage: preliminary analysis of the commercial lease, negotiation of terms, drafting of the preliminary and final deeds, fulfillment of mandatory formalities, and follow-up of the transaction until its completion.

The assistance of an attorney guarantees the compliance of the deeds with current legislation, ensures all mandatory mentions are included, and secures the transfer of rights and obligations between the assignor and the assignee. The firm also oversees the proper completion of administrative formalities: notification of the assignment to the landlord, registration with tax authorities, legal notices, establishment of the inventory of fixtures, and compliance with legal deadlines. This global approach limits the risks of subsequent disputes and protects your interests at every stage of the assignment.