Description

This practical training will allow you to master the regulations of commercial leases and to understand the obligations and rights of the different parties. You will also learn how to draft certain clauses and secure the renewal, termination and breaking of a lease.

Who is this training for ?

For whom ?

Real estate directors, property managers, financial directors, accountants and all people responsible for commercial leases as part of their activity.

Prerequisites

Training objectives

Identify and analyze the key clauses of your commercial leases

Control the monitoring of commercial leases and secure their renewal or termination

Avoid the pitfalls of certain clauses

Prevent the risk of litigation

Training program

• Understanding the legal framework
  • - The legal regime of commercial leases and the conditions for benefiting from them.
  • - Commercial lease and professional lease.
  • - Precarious occupation agreements and exceptional leases .
  • - Practical work Determine the legal and conventional extensions of a commercial lease.
• Know the rights and obligations of the parties
  • - The rules of public order which are imposed on the parties.
  • - The legal limits to the obligations imposed by the contract.
  • - The contractual adjustments.
  • - Case study Identify the rights and obligations of the parties in the clauses of a lease.
• Set the rent and manage its evolution during the lease
  • - The initial setting of the rent.
  • - The evolution of the rent during the lease: three-year legal review, indexation clause, indices (ILC/ICC/ILAT).
  • - Rental charges.
  • - Exercise: Calculate the indexation of rent.
• Identify the strategic and sensitive clauses of a commercial lease
  • - The duration of the lease.
  • - The purpose of the premises: related and complementary activities.
  • - The transfer: information and opposition from the lessor.
  • - Repairs and maintenance of real estate, distribution of costs between the parties, .
  • - Exchanges Jurisprudential overview relating to the distribution of work between lessor and lessee.
• Anticipate the end of the lease
  • - The leave issued by the lessor and for recovery.
  • - The renewal request.
  • - Case study Identify the substantive and formal conditions for the issuance of leave.
• Terminate a lease
  • - The termination clause.
  • - The tenant's bankruptcy.
  • - Practical work Writing a termination clause.
• Exercise the right to renewal
  • - The conditions of the right to renewal.
  • - The fixing of the rent for renewal.
  • - The right of option and the right to repent.
  • - Case study Identify the possible pitfalls of renewing the lease.
• Know and secure the procedure
  • - The terms of refusal of renewal.
  • - The setting and collection of rent.
  • - The payment of eviction compensation.
  • - Case study Identify the alert points in the event of financial failure of the tenant.