To Claim the Benefit of the Commercial Lease Status

Application pratique:

The Court of Cassation confirmed that to benefit from commercial lease status, the tenant must be registered at both the service date and the effective date of the notice. In this scenario, even though the assignee was not registered when the notice was served, its registration by the effective date suffices. The tenant should gather proof of its registration date and formally demand the eviction indemnity from the landlord, citing this case law. If the landlord refuses, the tenant can initiate legal proceedings to establish its right to the indemnity, potentially valued at one year's turnover of around €150,000.

Application pratique:

The landlord's denial of rights is unfounded. This decision clarifies that registration is required only at the two key moments: service and effective date. Since the assignee was registered by the effective date, it holds full commercial lease rights and can claim an eviction indemnity. The landlord should now assess its exposure and consider settling to avoid litigation costs. If the matter goes to court, the landlord may have to pay the indemnity, typically calculated based on the shop's annual turnover of approximately €200,000, plus legal fees. Preventively, landlords should verify registration status on the effective date before making a final decision.

Application pratique:

This case law protects the investor: as long as the company was registered on the effective date, commercial lease status is preserved. The investor should immediately inform the landlord in writing of the registration date and request recognition of the lease status. If the landlord has already denied an eviction indemnity, the investor should present the Court of Cassation's ruling and demand payment, potentially up to €180,000 (one year's revenue). Keeping all registration documents and correspondence is crucial. If the landlord remains uncooperative, a court application for an order to set the indemnity can be filed.