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The professional lease
Definition lease pro
Do you work in a liberal profession?
You own a professional premises that you rent to a liberal profession?
The professional lease, governed by articles 57A and 57B of the law of 23 December 1986, corresponds to your situation.
Note : the tenant who has the authorization to exercise his professional activity in the housing where he lives benefits from a mixed professional lease and main dwelling (Sheet 20-1: Rent an unfurnished property).
For premises used exclusively for professional use, the lease is concluded in writing, for a period of at least 6 years. It must be accompanied by certain diagnoses (Sheet 10-2: mandatory diagnostics for rental). He tacitly renews himself for 6 years.
For leases concluded from 20 June 2014, an inventory of entry and exit must be established, contradictorily and amicably, or by a judicial officer, at costs shared by half between the lessor and the tenant.
If the lease was concluded before June 20, 2014, an exit inventory must be established, if an entry inventory had been carried out.
The tenant can give leave, at any time, respecting a notice of 6 months. The lessor can only give leave for the end of the lease, respecting the same notice of 6 months.
Leave must be given by registered letter with acknowledgment of receipt or notified by bailiff.
It is useful to draft precisely the clauses of the lease relating to charges and rental repairs. Indeed, the law does not provide, for the professional lease, a list of recoverable charges or rental repairs.
Note : it is possible to voluntarily submit to the status of commercial leases (Sheet 20-5: The commercial lease). The lease must state this precisely.
You own a professional premises that you rent to a liberal profession?
The professional lease, governed by articles 57A and 57B of the law of 23 December 1986, corresponds to your situation.
Note : the tenant who has the authorization to exercise his professional activity in the housing where he lives benefits from a mixed professional lease and main dwelling (Sheet 20-1: Rent an unfurnished property).
For premises used exclusively for professional use, the lease is concluded in writing, for a period of at least 6 years. It must be accompanied by certain diagnoses (Sheet 10-2: mandatory diagnostics for rental). He tacitly renews himself for 6 years.
For leases concluded from 20 June 2014, an inventory of entry and exit must be established, contradictorily and amicably, or by a judicial officer, at costs shared by half between the lessor and the tenant.
If the lease was concluded before June 20, 2014, an exit inventory must be established, if an entry inventory had been carried out.
The tenant can give leave, at any time, respecting a notice of 6 months. The lessor can only give leave for the end of the lease, respecting the same notice of 6 months.
Leave must be given by registered letter with acknowledgment of receipt or notified by bailiff.
It is useful to draft precisely the clauses of the lease relating to charges and rental repairs. Indeed, the law does not provide, for the professional lease, a list of recoverable charges or rental repairs.
Note : it is possible to voluntarily submit to the status of commercial leases (Sheet 20-5: The commercial lease). The lease must state this precisely.
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