Whether you are the owner or a tenant of a commercial space, you should always enter into a commercial lease with the other party. This is a contract with well-defined clauses. However, the contents can be changed for an existing lease. However, changing a commercial lease requires a procedure to be followed. Follow this article to find out how to do this.
What is a commercial lease?
A commercial lease is a contract for the rental of property for the purpose of carrying on a commercial activity. The nature of the activity is specified in this contract for a uniform business (jewellery, fashion shop, organic grocery shop, etc.). But the tenant can carry out any form of commercial activity, with an “all trade” lease.
It is the duty of both parties to respect the clauses of the lease. Therefore, the other party must always be notified when it is necessary to modify a commercial lease. If not, either party can terminate the contract by court order.
When is it necessary to amend a commercial lease?
On the tenant’s side, a change of commercial lease is necessary when he wishes to add an activity to his business, or change it completely. This is known in the commercial sector as a partial or full despecialisation. In partial despecialisation, he adds an additional activity in relation to the original one. But when the tenant changes his activity, or adds one unrelated to the one he is currently carrying out, he carries out a full despecialisation. He may also resort to a cessation of activity, when he withdraws or bequeaths his lease contract to a third party.
On the part of the landlord, it is necessary to amend a commercial lease in the event of a change of ownership, temporary repairs causing an increase in rent.
What is the procedure for changing a commercial lease?
Any need to modify a commercial lease requires notification of the other party concerned by registered letter with acknowledgement of receipt (LRAR).
For a change of activity, the landlord has up to three months to respond to the tenant’s requests. If there is no response after this period, he agrees to the terms of the change to be made in the commercial lease. The same applies if the landlord wishes to sell his property. The tenant then has one month to decide to buy the property. If not, the landlord takes charge of finding a new tenant who will take care of the renewal of the contract with the tenant. In case of refusal or non-compromise between the two parties, it is possible to resort to the courts.