Rental of commercial premises: lease and tenant’s charges

Leasing commercial premises is an integral part of a company’s growth strategy, requiring an understanding of various aspects such as location, taxation and lease terms. A thorough understanding of the charges, conditions and legal and contractual implications is essential to ensure the success of this project.

How do I rent commercial premises?

Whether you’re looking for a franchise, a singular business, or something else, careful research – by carefully examining real estate advertisements – is essential when looking for commercial premises.

Optimal location, adequate coverage and compliance with building plans are decisive criteria.
From a financial point of view, leasing involves a number of charges, such as rent, security deposit, right of entry, and other responsibilities linked to the use of the commercial premises.

Leasing commercial premises requires a methodical approach:

  • Market research is the key to choosing the right commercial premises.
    Criteria such as the type of population in the area, competition, ease of access, etc. must be taken into account.
    Choosing a commercial premises involves complying with current rental regulations.
    Some locations may have specific restrictions on certain activities.
    Even if virtual tours are sometimes offered, a visit to the site will enable you to assess factors such as neighborhood traffic, visibility, type of population in the vicinity, etc.
  • As a future tenant, you need to take the time to precisely define the charges and budget allocated to your business.
    In some cases, it may be more advantageous to opt for a smaller, more visible commercial space.
    Similarly, a less functional location that attracts the right clientele may be preferable.

How does leasing commercial premises work?

The rental of commercial premises, governed by precise legal provisions, is aimed at individuals carrying on a commercial, industrial or craft activity, and registered in the Trade Register.
There are two types of tenancy: individual, where the tenant bears the costs alone, and shared, where charges are shared equally.
The choice between an all-business or specific lease is an important one.

A lease is a legally binding agreement between tenant and landlord.
There are a number of administrative steps involved.
Initially, the tenant must send a letter of application to the landlord, expressing interest in leasing the commercial premises.
The purpose of this step is to inform the landlord of the tenant’s interest in the premises.
An appointment is then made between the owner and the prospective tenant for a visit, before the lease agreement is drawn up.

Legislation, notably the French Commercial Code, sets out legal requirements for commercial leases, regulating relations between the parties involved.
When looking for commercial premises, prudence is crucial to avoid irreversible mistakes, whether in legal terms or in the choice of lease.
A methodical approach is recommended, underlining the importance of not rushing into a decision to ensure the success of leasing commercial premises for a company.

What are the conditions for leasing commercial premises?

The lease, the cornerstone of any commercial premises rental, is governed by specific characteristics.
To enter into one, the commercial premises must be used for a craft or commercial activity, and the legal term of the lease is at least 9 years, with the possibility of changing charges every 3 years.
This type of lease agreement must be distinguished from other types of business premises leases.
The drafting, generally carried out by a real estate professional, must be explicit, including a description of the property, the amount of rent, the duration, the security deposit, the charges, and the initial inventory of fixtures.

The administrative steps include sending a letter requesting the lease, followed by a visit before the contract is drawn up.
Legal prerequisites dictated by the French Commercial Code govern the lease.

The drafting of the lease contract is important, and can be carried out by a lawyer, notary, or sometimes the lessor.
It includes identification of the parties, the nature of the business, payment terms, rent and charges, the right to renewal, the security deposit, the term of the lease, the method of termination, and a statement of risks.
The breakdown of charges between lessee and lessor is specified.

The commercial premises must be the main place of business, stable, permanent and accessible to the public.
Goodwill and registration of the lessee are requirements.
At the end of the lease, the tenant may renew subject to conditions.
The landlord may refuse, subject to justification, or the tenant may contest.
A methodical approach to research is required to guarantee the success of leasing commercial premises for a company.

Le recap

  1. Leasing commercial premises is part of a company's growth strategy, requiring an understanding of various aspects such as location, taxation and lease terms.

  2. From a financial standpoint, leasing involves a number of charges, such as rent, security deposit, entrance fee, and other responsibilities related to the use of the commercial premises.

  3. A lease is a legally binding agreement between tenant and landlord.There are a number of administrative steps involved.

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