The professional lease is a lease of premises in which the customer, which may be an individual or a corporation engaged exclusively in an occupation that is neither commercial nor agricultural nor industrial or craft. In practice, this type of lease thus concerns the professions (doctors, dentists, lawyers, etc.).
Before entering into a lease for such premises in a building subject to condominium status, it is essential learn about the contents of the condominium rules. Indeed, if the building is intended for housing exclusively bourgeois, exercise any professional activity is prohibited. However, the exercise of a profession is possible, when the condominium rules contains only one clause bourgeois home.
This contract is governed by section 57A of the Act of December 23, 1986, which is public, as well as by the provisions of the Civil Code for the remainder.
It must be concluded in writing for a period of at least six years. However, the tenant has the right to give notice at any time during the lease by registered letter with acknowledgment of receipt or by a bailiff, observing a notice period six months without having to justify its decision. This option is only open to the tenant. The lessor may, in turn, give notice that the end of the lease, also respecting a notice period of six months.
At the end of the lease and failing to leave by either party, the contract is automatically renewed for the same period.
BETWEEN THE UNDERSIGNED
The company ... (Name)
SARL (or: SA, or ...) with a capital of ... EUR
Headquarters ... (Address)
SCR ... (No registration and locality)
represented by ...
hereinafter
the lessor (or)
M. .. (Name and address)
(family situation)
hereinafter (e) the lessor
one hand and
The company ... (Name)
... capital of ... EUR
Headquarters ... (Address)
SCR ... (Registration number and location)
represented by ...
hereinafter called the lessee
or
M. .. (Name and address)
(family situation)
hereinafter (e) the lessee
other hand,
IT WAS AGREED AS FOLLOWS
Lessor gives leasing premises and equipment hereafter referred to the Tenant agrees that:
DESCRIPTION OF LEASED PREMISES AND EQUIPMENT:
Premises and equipment: ...
located at the following address: ...
Premises and equipment designated above are as described in the inventory attached attached. The Tenant declares
familiar places to be visited and have found the existence of the above mentioned.
This lease is granted and accepted general conditions and the following special:
1. Legal regime
This contract is governed by the provisions of the Civil Code applicable in this area and section 57A of the Act of December 23, 1986.
2. Contract Period
Initial period - Effective date and termination
This contract is concluded for a period of six years. It will take effect from ... 23/03/2009. Accordingly, it will expire on ... 23/03/2009.
Termination - Leave
It can be terminated by registered letter with acknowledgment of receipt or by a bailiff:
. by Lessee at any time, subject to prevent Lessor six months in advance.
. by The Landlord at the end of the contract, subject to prevent Tenant six months in advance.
The period of notice of any kind, will run from the date of receipt of the letter or service of a bailiff. At the expiration of that period, Lessee will forfeit all title of occupation of the leased premises.
If The Landlord wishes to terminate this contract, it will accordingly inform the tenant in terms of form and time specified above or at the latest ... 23/03/2009.
tacit
the absence of leave notified in the formal requirements and deadlines set out above, the contract reached its conclusion will be extended automatically to the previous conditions for the same duration.
3. Destination places
The leased premises, subject of this contract are intended for professional use only. The tenant
therefore undertakes not to engage in the leased premises, the profession of ..., to the exclusion of all others.
4. Total rental
4.1. Rent
fixation of rent
This lease is granted and accepted payment term accruing, at the ... of each month, a monthly rent set freely between the parties to the sum of ... (In figures and words) euros.
Rent Review
The rent so determined shall be automatically reviewed at the end of each lease year or the ... (Or: a date commonly between the parties ...) depending on the variation the national index of construction costs published by INSEE
Benchmarks are respectively the index of ... (Number) quarter ... (Year), whose value amounted to ... and the same quarter of each year.
The delay in publication of the index will not allow the tenant to withhold payment of rent. This will be paid on the normal, as the amount of the previous term, deferred until following the review.
4.2. Rental charges
Nature loads
In addition to rent, the tenant must pay to the Lessor its share in the following charges: ... .
Determination and payment of charges
expenses will be paid at the same time as the main rent by monthly allowances and will be subject to annual adjustment. The monthly allowance is set at the amount of ... Euro (in figures and words)
The amount of expense is determined annually by the lessor in respect of expenditure actually incurred the previous year or the budget, the amount of each allowance is adjusted accordingly.
5. Deposit
Fixing deposit
In order to guarantee good performance of its obligations, the tenant pays a deposit, equivalent to ... (Number) month's rent. The tenant pays the Landlord and date, which recognizes and gives him a receipt, the amount of ... (In figures and words).
Said deposit is non-interest bearing and will not reviewable under the original contract, or when its possible renewal.
Return of deposit
The deposit so paid shall be refunded to the Tenant at lease end, after complete removal and handing over the keys, net, where applicable, the amount outstanding to the Lessor and which are it could be held in lieu of Tenant, provided they are duly justified.
Allocation of deposit
In any case, the existence of this deposit will provide Lessee for payment, their timing, amounts owed to Lessor, including, at the end of the contract for payment of months rent and expenses.
6. The situation
The situation at the entrance of the Tenant
later than at the keys, a contradictory state of affairs signed by both parties will be established and attached to this contract.
The situation at the exit of a tenant
contradictory visit places will be made upon departure of the Tenant, also in the presence of both parties, which draw up and sign an inventory.
Where appropriate, a final list of rental repairs to be made will be determined by comparing the inventory of input and output inventory, taking into account the wear and tear.
state of the premises by bailiffs
the absence of contradictory state of affairs established by the parties at the entrance or exit of the Tenant, shall be prepared by a bailiff, at the initiative of the most diligent, with costs divided in half (or: the costs being borne by the party who prevented the establishment of the contradictory state of affairs between them).
7. General obligations of the parties
This lease is granted and accepted the charges and conditions, the parties undertake to respect each as it is concerned.
7.1. Landlord's obligations
The Landlord is required following major obligations:
. deliver to Tenant the premises in good working order and repair, as well as the existing equipment in good working condition;
. ensure the Tenant quiet enjoyment of the leased premises and, without prejudice to the provisions of section 1721 of the Civil Code, to ensure defects or defects that would be an obstacle;
. maintain the premises in a condition suitable for use under this contract and will make all repairs, other than rental, required to maintain state and the normal maintenance of the leased premises; (comments: it is possible to charged to the lessee all repairs of any kind, including those of Article 606 of the Civil Code or the tenant repairs and maintenance repairs, in which case one should write this clause in relation to these elements, see model clauses in the document "commercial lease")
. does not oppose the improvements made by Lessee, provided they do not constitute a transformation of the rented property.
. connect to the Tenant, if any, extracts of the condominium regulations on the destination of the property, enjoyment and use of the units and common and specifying the portion relating to the leased lot in each category of expenses .
7.2. Tenant's obligations
The Tenant is required following major obligations :
a. during the lease:
. pay the rent, expenses and other recoverable amount due to the agreed terms;
. keep the premises rented constantly decorated with furniture and furnishings owned by quantity and value sufficient to meet the rent and expenses, and more generally the performance of all conditions of this contract;
. peaceful use of the leased premises after the destination that was given to them by this contract, (add, if an apartment building) without doing anything which might harm the peace of other tenants and the good performance of the building. It
respect in particular, where applicable, the provisions of the condominium regulations relating to the destination of the property and the enjoyment and use of common parts and units, and the decisions of the condominium on the use of the building.
It further undertakes to respect the rules of the building, which he says have become aware,
. answer for the damage and losses that arise during the contract period in the leased premises, which he has exclusive possession, unless he can prove that they occurred in each case of major fault, the fault of the Lessor or by the fact that a third has not entered the premises rented;
. defray routine maintenance of the leased premises, small repairs, and all rental repairs.
repairs caused by obsolescence, faulty workmanship, construction defects, accident or force majeure Landlord shall, however, (observations: it is possible to charge the customer all repairs of any kind, including those of Article 606 of the Civil Code or the tenant's repairs and maintenance repairs; see model clauses in the document "commercial lease")
. let run in rented premises improvement work of the common or private areas, and the work necessary to maintain the condition and the normal maintenance of the leased premises. (Comments: Delete the last part of sentence, if the customer has all repairs for, or replace it with the phrase "and all major repairs covered by Article 606 of the Civil Code" if the repairs are to the lessor)
The Lessor will perform all repairs and all alterations, or elevation of development whatever the causes, all without compensation or decrease rent for the benefit of Tenant, which will be notified beforehand if prolonged disturbance to occur.
Notwithstanding what is stipulated in the preceding paragraph, in case of major repair work requiring a period of more than 40 days, the rent shall, at the expiration of that period, decreased in proportion to time and Part of the leased premises which the tenant has been deprived;
. does not transform the leased premises without the written consent of Lessor, failing agreement, Lessor may require Lessee, at his departure, the restoration of the leased premises or keep for his benefit without the transformations that the tenant can claim any compensation, Lessor may, however, require the immediate surrender of the premises in the state at the expense of Tenant, where all transformations will jeopardize the proper functioning of equipment or security of the leased premises;
. insure against the risks which it must answer in his capacity as Resident and justify when the keys are then each year at the request of the Lessor, by producing a certificate from the insurer or his representative.
Otherwise, this contract may be terminated under the termination clause;
. allow to enter the leased premises representatives of Lessor and any person authorized by him, upon proof of their quality, wherever it is needed for maintenance, repairs, and for the safety and suitability of the leased premises;
. not to sublet the leased premises under any circumstances, even for free.
. not to assign, in whole or in part the right of this lease (or: not assign, in whole or in part the right of this lease, except to the successor in his profession and with the express the Lessor, remaining guarantor secured its assignee).
b. during the period of notice:
. pay the rent and expenses throughout the period of notice, that in case of dismissal given by him;
. upon notification of leave, grant access to premises, to a new location, the recovery or sale of the premises. Days and visiting hours will be determined by agreement between the parties.
c. to his departure:
. prove payment of taxes on the leased premises by the production of relevant receipts;
. leave the premises rented completely empty and in a clean condition;
. return the keys and accessories later than the date of termination of this contract.
7.3. Tolerances
It is expressly agreed that any tolerance of the Lessor on the execution of any provision of this contract will be deemed to constitute an implied waiver of his hand.
8. Termination clause and penalty clauses
Upon default of any provision of this contract, including failure to pay at maturity of any of the terms of rental and accessories, the lessor reserves the right to terminate full right which the lease is one month after summation to do or stop payment order or post remained without effect to this clause. The payment or performance or termination shall carry not post audit period was impossible for the lessor to exercise this right of termination.
The benefit of the termination clause granted to the Lessor, Lessee shall leave the premises immediately. Failing deportation, and that of any occupant, will be held upon an injunction.
It is understood that, if paid by check or debit, the rent will be considered as settled only after receipt of such sums, the termination clause may therefore have full effect in case of failure to supply bank or postal account of Tenant.
In addition and without derogation from the previous termination clause, the tenant agrees to comply strictly penal clauses following
. without needing a formal notice, notwithstanding section 1230 of the Civil Code, any delay in payment of rent or incidental result of an increase of 10% right on the amounts due, damages suffered by Lessor; Lessee will also reimburse the Landlord the costs and fees incurred in the collection of said amounts, without prejudice to Article 700 of the New Code of Civil Procedure;
. If the tenant, stripped of any security of tenure, shall not relieve the premises, resisting an eviction order or obtains time for his departure, he must pay for each day of delay, in addition to charges of a voluntary settlement of occupancy equal to twice the daily rent, until complete removal and return of keys, which allowance is intended to compensate the Landlord for damage resulting from the unauthorized occupation leased premises impeding the exercise of his rights.
9. Keys and accessories delivered
...
10. Solidarity and indivisibility
For the performance of all obligations under this contract, there will be solidarity and indivisibility between the parties above named as the "Lessee" the roommate who will leave and will remain such guarantor and sponsor integral within the leased premises for the purpose of ensuring the proper execution of this contract and its aftermath.
11. Registration - Fees and Expenses
This contract is subject to registration unless either party so desires and in this case at its own expense.
fees negotiation and drafting of this contract will be paid directly and by half by each party to the agent.
12. Election of domicile
The parties elect domicile: The Lessor The Lessee and his home in the rented premises.
13. Documents attached
are and shall remain annexed to this contract, the following copy of which was delivered to Lessee acknowledges that:
(delete as appropriate)
. the inventory drawn up during the award Key to the Tenant;
. Regulation within the building;
. extracts of the condominium regulations of the destination of the property, enjoyment and use of common parts and units and specifying the portion relating to the leased lot in each category of expenses.
Rayes ZERO:
...
words ... lines
Done at ... ... . In
... copies, one is given to each party that recognizes it.
THE LESSOR (S) TENANT (S)
Signature with Signature preceded by the handwritten
the handwritten
"read and approved". "Read and approved".
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