Commercial Lease Status for Residential Apartments: Landlord's Knowledge Requirement

Application pratique:

This case law confirms the tenant cannot obtain a commercial lease if the landlord was unaware at the time of signing that the flat would serve as the company's principal place of business. To protect yourself, ensure the lease explicitly states the permitted use is purely residential and include a clause that any business use must be ancillary. If a tenant later claims commercial rights, gather proof (emails, adverts, initial discussions) showing you were not informed of such a principal business use.

Application pratique:

The company's claim is likely to fail because the landlord was unaware of the principal business use at the lease's inception. To gain commercial lease protection, tenants should formally disclose the intended use before signing and obtain the landlord's written consent. If a dispute arises, the court will examine the landlord's knowledge at the time of the original contract—silence or informal use is insufficient to convert a residential lease into a commercial one.

Application pratique:

The buyer must investigate the original lease terms and the previous landlord's knowledge. Under this ruling, if the initial landlord was unaware the flat would be used for the company's principal activity, the tenant cannot claim a commercial lease. As a precaution, buyers should require sellers to provide a statutory declaration confirming any known business uses. If a tenant asserts commercial rights, request immediate written evidence of the landlord's knowledge at the time the lease was signed; without it, the lease remains residential and standard eviction rules apply.