The nature of a lease is

Application pratique:

According to this case law, the lease's commercial nature is determined by its terms, not by actual use. Therefore, you must follow the commercial lease termination process: serve a notice to quit six months before the lease's expiry, citing the contractual end. Even if the tenant lives there, the residential protection laws do not apply. Gather the lease contract and proof of its commercial purpose (e.g., a 'bail commercial' clause) to support your notice.

Application pratique:

This ruling highlights that a lease's character depends on the written contract, not the tenant's current residential use. Before signing, request a copy of the existing lease and verify its purpose. If it is commercial, you are bound by its terms, including potentially longer notice periods (often 6 months) and renewal rights. Consult a notaire to check the lease type and negotiate accordingly; you might require the seller to give proper notice before completion.

Application pratique:

The case law confirms that the lease's nature is set by its contractual purpose, so if the lease explicitly states 'professional use' or 'commercial', it is commercial even if the tenant lives there. You should review the lease terms (request from the co-owner or syndic) to confirm its commercial designation. Then, with the syndicat des copropriétaires, enforce the building's rules by sending a formal notice to the co-owner to end the prohibited use. If unheeded, legal action may compel compliance based on the co-ownership rules.