Filing of the brief with the court registry for

Application pratique:

Filing a brief to fix a hearing date under Article R. 145-27 of the Commercial Code does not interrupt the prescription period of Article L. 145-60. To validly stop the two-year deadline, the landlord must serve a formal assignation (a court summons) on the tenant. Upon noticing any rent discrepancy, instruct a solicitor immediately to issue the assignation and fully seize the commercial rent judge.

Application pratique:

Under this case law, merely requesting a hearing date does not constitute seising the judge and cannot interrupt the limitation period. To properly challenge a rent revision, the tenant must serve an assignation on the landlord within two years of the event. As soon as a dispute arises, consult a lawyer to draft and deliver the assignation without delay.

Application pratique:

The limitation period for actions between commercial landlords and tenants is two years from the date the claimant knew or should have known of the facts. Filing a request to set a hearing date is not enough; you must formally seize the court by delivering an assignation. Before purchasing property, always investigate potential claims, and if a breach is discovered post-purchase, immediately serve an assignation to safeguard your rights.