Business Law

Commercial real estate & Commercial leases

More than ever, commercial property occupies a central place in a company's activity and the various developments in this area have highlighted the need to optimize the negotiation and management of commercial leases. 

The team specializing in commercial leases, headed by Clémence Colin, accompanied by specialized associates, has developed privileged relationships with professionals in the sector (institutional landlords, experts, real estate agents) and values its experience to support its clients in the strategy and securing of their real estate operations. 

The firm assists in the negotiation, drafting and management of commercial and professional leases, both for tenants, particularly national and international brands, and for landlords. 

The team is also involved in the operation of business or leasehold transfers, the renewal of commercial leases and all types of proceedings that may arise during the course of the lease or at the end of the lease, and has developed expertise in the proceedings of setting renewal rents, eviction compensation and occupancy compensation. 

The firm masters all the issues related to leases for all types of premises (stores, boutiques, restaurants, offices, shopping centers, logistic warehouses, workshops), and the practice of litigation contributing to the analysis of risks in the context of lease negotiations.

Legal works in this area

Negotiation and drafting of the lease

  • Determination of the type of lease agreement adapted to the activity of the tenant and the use of the premises
  • Negotiation of the financial and rental conditions of the lease
  • Setting up payment guarantees
  • Negotiation of reimbursable expenses and works
  • Drafting of commercial leases, professional leases, derogatory leases, precarious occupancy agreements, civil leases, subleases

Support during the lease

  • Audits in the framework of transfers, leave or renewal
  • Assistance and follow-up in the management of the rental properties in terms of three-year term expiry and end of lease ;
  • Assistance in the realization of works of the tenant or the landlord
  • Assistance in the framework of amicable or judicial expertises related to the operation of the premises
  • Assistance in the implementation of legal and conventional rent indexations and revisions

Lease Renewal

  • Lease expiration and renewal
  • Negotiation of lease renewal terms and renewal rent

Management of the end of the lease

  • Implementation of the cancellation clause
  • Leave from the tenant or the landlord with or without renewal offer
  • Eviction compensation

Transfer of commercial property

  • Transfer and acquisition of business / leasehold rights
  • Lease management agreements

Litigation

  • Proceedings to revise the rent or to fix the renewal rent
  • Judicial expertises
  • Proceedings to fix the eviction indemnity and occupancy indemnity
  • Litigation on the payability of rent during the period of health crisis
  • Litigation on the restitution of the premises
  • Tenant/landlord works litigation

Track records

  • Assistance to an international fashion group in the management of its rental properties in France (notices of termination, renewal requests, procedures for setting renewal rents, lease amendments)
  • Assistance to an Italian fashion group in the purchase of the business of a franchisee
  • Litigation on the setting of the renewal rent and the determination of the rental value of the premises
  • Assistance to a luxury international group in the change of commercial operation of a restaurant under management lease and transfer of the commercial property to another entity of the group involving the commercial lease and corporate law aspects
  • Assisting international brands in negotiations with landlords for administrative closure periods of “non-essential” businesses during the Covid-19 period
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