Why consult a notary before leasing commercial premises?
Because a commercial lease is a complex and binding contract! By signing it, the lessee of the premises and the lessor (owner of the premises) automatically benefit from a set of rules known as the "status of commercial leases". By consulting a notary, you secure your project from the outset. He or she will check the clauses, ensure that the lease complies with the regulations (duration, renewal, rent review, etc.) and alert you to points to be checked: destination of the premises, work to be carried out by the tenant, joint and several liability in the event of transfer...
If you're a landlord, he can also help you draw up a balanced lease that suits your interests. All this with a probative force and legal security that no other professional can guarantee, since it will be a notarized lease. Let's not forget the enforceability of a notarized lease, which has the same value as a court judgment. In short, if one of the parties fails to respect his or her commitments (for example, a tenant who no longer pays the rent), the notarized lease enables direct action to be taken, without going to court.
What do I need to watch out for when signing a commercial lease?
Leasing commercial premises may seem like a simple formality, "just a piece of paper to sign".
But beware: certain points can quickly turn into a dispute! It's crucial to understand what you're agreeing to. All too often, clauses are signed without any real analysis. The duration of the lease, the conditions for early termination, the exact nature of the authorized activity and the rent review procedures are all elements that can have major consequences during the term of the lease. A simple oversight or unclear wording can complicate the management of the premises or block the development of a new activity. Another point to watch out for: work.
Some leases stipulate that the tenant is responsible not only for routine maintenance, but also for work normally carried out by the owner. This transfer of responsibilities can quickly add up. Note that since 2014, the landlord can no longer charge the tenant for major repairs under article 606 of the French Civil Code.
What are the advantages of having a lease?
An "all-business" lease gives you a great deal of operating freedom when you're a tenant. Unlike a standard lease, where the activity is strictly defined (e.g.: bakery, hairdresser, etc.), an all-business lease authorizes you to carry on any commercial, craft or service activity, with the exception of those stipulated in the contract (prohibitions on nuisance, regulated activities, etc.).
This type of lease is therefore particularly advantageous if, over time, you wish to :
- develop your business without having to renegotiate the lease;
- resell your business more easily, as the lease is more attractive to a buyer;
- or have the flexibility to adapt to market and commercial trends.