In general, there are three types of leases: leases of houses, commercial leases and agricultural leases.
Regarding the residential lease, the landlord can not terminate the tenant without grounds and can not do that if he wants to live or sell the property in question or if he has a legitimate and serious.
The tenant must give notice to his landlord to let it know that from this date it will not be paid and he can try to find, if desired, a tenant quickly.
In terms of commercial lease, a person (merchant, artisan, industrial) that has a business that rents space is protected by law because it has security of tenure. Indeed, if the merchant wants to hope to have a business interest, it must be able to stay on the premises long enough. That is why the lease is at least nine years, renewable.
In addition, the tenant may leave him every three years, he may transfer his business with the right to lease, the landlord may recover at the time the premises under certain conditions: construction, demolition, home or grounds grave and serious.
It can also stay in place when he pays his rent and maintain the premises properly. To recover its premises, the owner must pay compensation to the tenant eviction.
Finally, some commercial leases are not subject to strict rules, but the Civil Code. (Rentals of less than two years (insecure), or unsuitable for vacant land).
Finally with respect to the lease areas, as in the commercial lease, the tenant may remain in place as long as he pays his rent and maintain the premises properly.
There are three types: farm lease (lease of limited duration at least equal to 9 years) but it is usually long term, that is to say 18-year renewable period of 9 years and transmitted to the spouse and descendants or 25 (long lease notice) or even a career that is to say until the age of retirement. There is also a share-cropping agreement but it has almost disappeared, it may still yet find it in the wine regions.
In any case, a residential lease must be in writing. Why have two options to the landlord and prospective tenant:
-Or under private signature, that is to say that it is signed only between the lessor and the lessee.
-Either by deed (notarized), that is to say before a notary.
Even if the parties are free to choose the form of the lease, the authentic form is required for any lease over twelve years.
In terms of commercial lease, in writing (or by private agreement deed) is not mandatory but is strongly recommended in order to prove the rental if needed.
Same as for residential lease for a period greater than twelve, it is mandatory that it be established by notarial deed
Tuesday, 6 December 2011
The various types of leases
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