Preis des erneuerten Mietvertrags: Kann er gedeckelt werden?

Application pratique:

The Cour de cassation ruling of 14 May 1997 (n°95-15.444) prevents an uncapping of the rent when the increase in surface area has already given rise to financial consideration during the lease. Here, the 15 000 € payment already compensated the extension, so the renewal rent must be capped. Demand the application of the statutory cap (variation of the quarterly commercial rent index) and challenge any uncapping before the juge des loyers commerciaux. Gather the avenant and proof of payment as key evidence.

Application pratique:

In light of the 1997 ruling, if you did not grant the expansion free of any charge or formalize it with an avenant including financial compensation, the increase in surface area can justify the uncapping of the renewal rent. To defend your position, demonstrate that no prior compensation was provided: produce the absence of any avenant and the unchanged rent throughout the lease. If the court notes that the expansion occurred during the lease without any counterpart, it may authorize an uncapped rent reflecting the new surface's rental value.

Application pratique:

Refer to the principle set out in Cass. 3e civ., 14 May 1997: an expansion already compensated during the lease cannot justify uncapping the renewal rent. Verify that the avenant and the extra rent indeed covered the terrace addition. If so, you must contest the draft renewal deed and propose an amicable settlement by citing this case law. If the landlord persists, a referral to the judge specialising in commercial leases is necessary. Advise your client to collect the original lease, avenants, and rent receipts; this may avoid years of litigation and excessive costs.