Negotiate, manage, transfer a commercial lease
Its premises are one of the company’s main assets. They are sometimes the place where the turnover is made. The company’s address is part of its identity and occasionally of its success.
A commercial lease is the legal tool for the enjoyment of the premises; it is therefore one of the most important conventions for a company.
The legal status of commercial leases is technically complex. The legislation dates back to 1953 and corresponds with a bygone period of economic reconstruction. The gap with the reality of business leads to a number of difficulties between the lessor and the tenant.
Our major concern is to draw the company manager’s attention to the consequences of the lease, to the main clauses of the lease agreement, the rights, prerogatives and obligations of the contracting parties. As soon as it is drafted, the conditions for the expiry of the lease, its renewal, the revision of the rent, the transfer of the entitlement to the lease, the transfer of the premises,… should be taken into account.
Our answer
We assist you in all or part of the following assignments, depending on your requirements:
- drafting, negotiation and advice for the conclusion of commercial leases, agreements relating to the enjoyment of real property and rights (precarious occupancy agreement, short-term lease, property lease, building lease, sub-leasing agreement, office lease agreement, placing at disposal agreement, domiciliation agreement,…) and related agreements (rules and regulations for a shopping mall, association of traders, specifications for property complexes,…)
- advice and assistance in legal and contentious matters for the management of commercial leases and agreements relating to the enjoyment of real property and rights: contractual or contentious revision of rents, amicable or contentious termination, notice, renewal, adaptation of the agreements.
- drafting, negotiation, advice and assistance in legal, tax and contentious matters, for the transfer or real property and rights: one-off transfer of right to lease, transfer of a right to lease combined with the sale of a goodwill or following a restructuring operation, lease management, sub-lease…
The main fields of expertise concerned
Company law
Contracts, Competition, Concentration, Distribution
Commercial disputes
And also...
Mergers Acquisitions
Tax law
Companies in difficulty & Turnaround
Your privileged interlocutors
In Lyon...
Edouard BERTRAND
Alexandre BIDEAU
André GAST
Jean-Pierre GITENAY
Michel MASOËRO
Vincent MEDAIL
Patrick VERGNOLE
In Paris...
Guy-Pierre CARON
Elisabeth NEIDHART
Jérôme SALEUR
What you say about us...
« As candidate for taking over a company distributing specialist products and having some twenty sales outlets throughout France, I asked Cabinet Lamy Lexel to intervene during the acquisition process; the specific assignment mainly consisted in giving particular attention to the commercial leases granted by various owners so as to measure the sustainability of each sales outlet... »
A rescuer
Example of an assignment
The setting up of a commercial lease for a hypermarket in a residential and commercial building complex
