PLAN OF THIS BLOG partly revised November 26, 2007
1. Prerequisites:
- The Origins
- 2007: Inventory required
- Provisions specific to each urban area
- Access to models in Dutch
- The Art of the Civil Code
.1418 - Judgement of the Court of Cassation October 4, 1999: Do NOT insert a simple reference to the legal text but the text content LEGAL
- A website Leases on commercial and Duver
2. Commercial lease notarized
3. Commercial lease under private seal
4.Model to act TERMINATION: mandatory notarial deed or ..
5. Various
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1. PRIOR
- These models from the Mailing List of Notaries or the NLA, but with added or comments.
The author of this blog does not necessarily takes on its own the views presented, nor does it guarantee the accuracy of legal content models and sites where it provides information access ...
- REMEMBER THE LIABILITY OF THE STATE OF PLAY
The obligation to draw up an inventory - introduced in the Civil Code in 2007 - is also under a commercial lease.
Circular No 12/2007 dd. 04/07/2007: Lease - Residential Lease - Principal residence - Requirement of a writing - Inventory - Basic Requirements - Minimum - Acts 25 and April 26, 2007 - Requirement of a written contract - - Duty to an inventory - Obligation to save the state of play - Obligation to join the lease: the minimum conditions of safety, health and habitability and explanatory appendix - Registration fee
EN
http://www.fisconet.fgov.be/fr/?Frame.dll&root=v: \\ sites \\ FisconetFraAdo.2 \\ & versie = 04 & file = vrb2007 \\ & vrb05 amp; amp; amp; Zoek = 000000000 & type = & name = CIRREG 07/04/2007 / 1 =- 1 & & rgl
NL
http://www.fisconet.fgov.be/nl/?Frame.dll&root=V: \\ sites \\ FisconetNldAdo.2 \\ & versie = 04 & file vrb2007 = \\ vrb05 & amp; amp; amp; Zoek = 000000000 & type = & name = CIRREG 04/07/2007 / 1 =- 1 & & rgl
EXCERPT: L Section 1730 of the Civil Code is part of the general provisions relating to leases of immovable property, so that the obligation to draw up an inventory is therefore also for all leases of real estate (6), with the exception of farm leases that are excluded from its application of § 4 of the article. [(6) The obligation to draw up an inventory is therefore also relevant, for example, as part of a commercial lease.] The obligation to submit to the formality of recording the state of play - which is became mandatory - is first (7) established under the protection of the lessor (and yourself) in terms of civil law (8). By introducing this obligation beyond the human rights code registration, mortgage and court, the legislature has provided no other details, nor as regards the person holding the obligation of registration, nor with regard to the place of registration and the deadline for the submission to the formality and not as regards the costs of presentation to the formality of registration.
- TOWN PLANNING PROVISIONS RELATING TO EACH REGION!
Look - updated unsecured - first the website cited below, then No. 16 of the proposed site http://www.arbitrage-mediation.be/immo-bail-comm.htm and check for the region concerned pertinnce current text!
- Several Dutch models are available on the site COMMERCIAL LEASES
- attention first to the art .1418 Civil Code for appearance:
Without prejudice to Article 1417, the consent of both spouses is required to: 1. ... C) enter into, renew or terminate leases of more than nine years of leasing and commercial leases farm ...
- Judgement of the Court of Cassation on October 4, 1999:
condition to give leave to the lessee at the end of each triennium
For the benefit of the lessor provision of ar .3, al.5 of the Law on Commercial Leases, who can give notice to the lessee at the end of each triennium, we must mention that the lease conditions covered by this provision of law (the legal text itself and not a reference to a section of the law ...).
Rechtskundig Weekblad No. 1 of September 2, 2002, p.37.
You have direct access to the full text of the Judgement EN clicking October 4, 1999
Finding a notary
*** NOT a mere reference to the legal text but the text content LEGAL (assuming! where there is opportunity for the landlord to give notice each triennium)
- A WEBSITE :
COMMERCIAL LEASES: legal texts, doctrine and jurisprudence is this:
FIRST PART : arrived in this first part you will have access to:
1. Legal texts + access to regional urban planning regulations
2. Access to models of commercial leases that both EN NL
3. DOCTRINE recent literature (including "Right compared)
4. Assignment goodwill
+ New regulations: VAT + Social
5. The Pas-de-door
SECOND PART: *
JURISPRUDENCE classified by category *
each decision is noted on the site and more with direct access to 12 different sections below where decisions classified:
In practice, these decisions constitute a course of law and commercial lease!
Since April 2007 the full text of the great majority of cases is available (both EN NL that
MISCELLANEOUS
- The Lessee shall insure the physical damage to the building in case of theft
- If the sale agreement of goods for commercial lease, plan a short period to achieve the deed: by deducting the Judgement of the court in Ghent on February 20, 1995 to read that site p.2 or 3 COMMERCIAL LEASES
- a lease very long does not mean that applications for renewal are possible ... ... This does many other comments to be added ... including urban planning, etc., etc. 2.
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2.
COMMERCIAL LEASE NOTARIAL (first read above!)
(some terms seem somewhat overabundant ...)
YEAR TWO * The MIL
Before Us, Maître #, notary at the Residence of the # APPEARANCES:
ONE HAND:
Attention to the article: art.1418 CC!
* Hereinafter referred to as "The Landlord".
AND OTHER HAND:
* Hereafter referred to as "The Tenant" (or "the lessee"
Who we are required to record the agreement reached between them as well:
PRELIMINARY STATEMENT.
* ORIGIN OF PROPERTY.
* Article 1: Objectives of the Convention.
1.1. After this preliminary statement, the landlord said lease to the tenant, who accepts, the property prédécrit consisting of: * The property is prédécrit completed in accordance with the terms and conditions reached between the parties.
1.2. This lease is set by the provisions of the Act of April 30 nineteen hundred and fifty and one on the commercial lease, unless it is validly waived in this contract.
Article 2: Destination.Le leased property is leased by the lessor to the lessee to carry on a business * and in accordance with all applicable laws and regulations applicable in the matter.
Article 3: Term of Agreement.
3.1. This contract is concluded for a period of *
Me Dochy Notes:
a) Nine years (common) but beware: if, for example. the lease was 27 years without another clause, the policyholder may ask for renewal as if the lease was from 9 years ...)
b) Court of Cassation on October 4, 1999: Condition to give leave to the lessee at the end of each triennium (early access to this document): For the benefit of the lessor provision of Article 3, paragraph 5, of the law on commercial leases, which can give notice to the lessee at the end of each triennium, we must mention that the lease conditions covered by this statutory provision.
Article 4: Rent.
4.1. The rent is payable monthly in advance and the * (possibly: through a permanent domicile in favor of the lessor's account #)
4.2. (Clause questionable - possibly delete -): The owner is alive and that if possible sale of the property leased, the new owner will respect the existing commercial lease.
4.3. The rent for the property amounts to
* Article 5: Indexing. Each year
lele rent will be adjusted according to changes in the health index of consumer prices, published monthly in the Belgian Official Gazette by the Ministry of Economic Affairs, in accordance with the following formula:
Rent Base multiplied by the new index
divided by the base index.
Where: the base number is the month-...
and the new index is the month preceding the adjustment of rent.
indexing takes place automatically every year and the rent will be due from the indexed premierde each year without a tenant must be rent-geared invité.Le and the calculation of this index is to provide the tenant each month dede année.Si the basis of calculating the Index of Consumer Prices is changed, the rent will be linked to any similar system that would replace the Index of Consumer Prices and which will be into account in calculating the salary of civil servants. If such a system should not exist, the lessor shall have the right to bind the annual adjustment of rent to the rising cost of living. The Parties undertake, in this case to negotiate in good faith to agree on a formula alternative.Si parties fail to reach agreement at this point, indexation will be determined independently and without recourse by an expert property designated on the application of either party, by Justice of the Peace of the township in which the leased property is located. Expert's fees shall be borne equally by the parties.
Article 6: Taxes and charges.
6.1. During the term of this agreement, the tenant will bear the following costs for the leased property:
(i) all taxes, levies, or duties of any nature whatsoever, existing or which may be surveys in the future, on the leased property for the benefit of the State, Province, Community, Region, Agglomeration, the Commune, or any other authority or public administration, including the part used by the tenant to calculate the property tax;
(ii) All taxes, contributions, or fees of any kind, relating to performance by the tenant of its activities in the leased property.
6.2. All costs of consumption, and any subscription charges for water, gas, electricity, heating, telephone, fax, or any other services or devices used by the tenant, and all taxes, levies, duties and other charges stated in Clause 6.1. imposed or charged to the lessor will be paid by the tenant at the request of the lessor, subject to submission of supporting documents.
Article 7: Rental guarantee.
As security of all its obligations, the tenant will provide a bank guarantee to the lessor on or before the execution hereof, for an amount equal to * and justify its retention at the first request of the lessor
Article 8: sublease and assignment of lease.
8.1. The tenant has the right to sublet the leased property or any part of it ci.En sublease case, the conditions of the sublease must be substantially the same as those identified in this agreement, the Except for provisions relating to rent and duration of the sublease, which in any case not exceed the term of this agreement.
8.2. Except as provided in Article 10, first paragraph, of the Law of 30 April, nineteen hundred fifty-one, the tenant is not entitled to transfer the lease to third parties on the leased property without written permission prior lessor, which may not refuse without good cause, however
8.3. The tenant will notify the lessor within one year before the end of the lease if it does not wish to prolong it.
Article 9: Tenant's right to develop the leased property for its activity
9.1. The tenant has the right to perform the development work necessary for the operation of its trade.
9.2. The work performed by the tenant and returned to the owner without compensation to the expiration of this Agreement.
Article 10: Maintenance and repair.
10.1. The tenant agrees to use the leased property and maintain it as a good father to keep him in good repair throughout the term of this Agreement and to perform all repairs and maintenance.
10.2. The tenant will suffer no right to damages or an abatement of rent, performance of major repairs which may be necessary during of the Convention, if they do not last more than six consecutive days.
10.3. The landlord will simply required major repairs to structural portions of the leased property, including bearing walls and roof. The tenant the landlord will immediately aware of any major repair to the lessor. On the other hand, the landlord assumes the obligation to immediately take all steps necessary to perform the major repair work as provided in this section. If the landlord does not perform this remedy sought within seven days, the tenant has the right to run itself at the expense of the lessor.
Article 11: Arrangements mandatory.
All costs that result from improvements, modifications or extensions of any kind, to the leased property in execution of all subsequent regulations (legal, regulatory, administrative, professional or otherwise) for hygiene, cleanliness , public order or security professional and because of the nature of its activities, will be borne by the tenant.
Article 12: Insurance and waiver.
The landlord and tenant agree to ensure as stipulated in the Civil Code and according to their own visions.Le lessee will also damage any to the building in case of theft.
Article 13: Right of access to the benefit of the lessor.
13.1. During the term of this agreement, the tenant give the landlord or his representatives a right of access to inspect the leased property to verify the maintenance condition of the property or carry out maintenance or repairs needed to the property. Likewise, the tenant will provide access to relevant public services, including firefighters , police and security services and health to inspect the leased property.
13.2. During the six months preceding the expiration of this Agreement or from the date of the sale of the property leased, the lessor has the right to post signs on which is announced the leasing or sale of the property, without being able to threaten the normal business of the tenant. The tenant agrees, in case of sale or lease in the leased property, to enable the prospective lessee or purchaser of the property leased to visit the property, and yet the normal office hours, two days a week for three hours time to time, determine by common agreement by the parties.
Article 14: Signs publicité.Le tenant has the right to fill the leased signs (illuminated) advertising, provided that such panels have a direct relationship with the activity carried out by the tenant in the leased property and provided that such signs meet all the conditions imposed by existing laws or regulations.
Article 15 Representations and Warranties bailleur.Le Lessor represents and warrants that the lessee
(i) he is the owner of the leased property;
(ii) that the ability to sign this agreement;
(iii) it has always observed and it will take the necessary national legislation and regulation, regional and local requirements for environmental protection in respect of the leased property;
(iv) it has no unresolved disputes with neighbors or previous tenants. In cases where there would anyway, he will keep the tenant at any time.
Article 16: Representations and Warranties of Lessee.
Tenant represents and warrants to Lessor:
(i) it has the capacity to sign this agreement;
(ii) it will follow the laws and regulations national, regional and local (including those relating to environmental protection) concerning the leased property, which should apply during this agreement;
(iii) that it will respect the laws and regulations of national, regional and local (including those relating to environmental protection) concerning the activity carried on by him, to apply during this agreement.
Article 17: Damages.
17.1. The Lessor shall indemnify Tenant and its rightful causes and / or assigns, and preserve them for any damages of any nature whatsoever which would sustained by them, or any actions by third against them, and that would be the consequence of a breach by the lessor of Article 15 or a misrepresentation by the landlord to Article 15 of this Convention .
17.2. The tenant shall indemnify the Lessor, its assigns and / or its assigns, and preserve them for any damages of any kind, it may suffer or any third party could bring an action against them and that would be the consequence of a violation by the tenant of Article 16 or a misrepresentation by Tenant in Article 16 of this Convention.
Article 18: Miscellaneous.
18.1. Communications.Toute communication to be made in accordance with this agreement must be valid, be made by registered letter with acknowledgment of receipt by mail or by equivalent of a writ to the addresses listed above or any other address that is shared by one party to another party pursuant to this section.
18.2. Titres.Les descriptive words or phrases inserted above the different sections or subsections of this Agreement are solely for the elucidation of the text and do not restrict or determine in any how the contents of this agreement, section or subsection to which they refer.
18.3. Waiver droits.Aucune party is estimated to waive any right under this agreement or the fault of the other party, unless it expressly abandoned such right under Article 18.1.Au where a party waives a right arising out of this agreement or negligence of another party, under the preceding paragraph, this does not mean that party waives any right arising from this agreement or a fault of the other party, even if this right or fault is similar to the right or to the fault before.
18.4. Independence dispositions.La nullity or lack of effect of a provision of this agreement in no way alters the validity or effect of other provisions of this Convention.
18.5. Intégrale.La agreement This Agreement contains the entire agreement between the parties concerning the subject of this Convention. The provisions contained therein have effect of law between the parties and will also be imperative to their copyright holders or their assigns.
18.6. Applicable law - Courts compétents.La this agreement is subject exclusively to Belgian law and shall be construed according to droit.Les courts of the judicial district of * are competent to judge the disputes which may arise out of or in connection with this agreement
PLANNING
Check all the conditions to learn here ...
Not to mention - again - the state compulsory site.
Look - updated unsecured - No. 16 of the proposed site http://www.arbitrage-mediation.be/immo-bail-comm.htm AND ALSO on the site " COMMERCIAL LEASES " the main clauses and possibly insert it in different regions
The lessor, as is clear in particular a letter to the notary by the Municipality of * dated * says: .. ................................................
FINAL STATEMENTS 1. The notary herewith declares having read the first paragraph of Article 203 of the Code Registration Fees.
2. For the collection of all registration fees are assessed additional taxes to x percent of the rental value.
3. EXEMPTION FROM REGISTRATION OF OFFICE. Mr. Conservator of Mortgages jurisdiction is expressly provided to the automatic entry for the price paid under this act for any reason during the transcription of a shipment of these.
4. FRAIS.Les expenses and fees resulting this act and its consequences will be borne and paid by the tenant.
5. ELECTION OF DOMICILE.Pour execution hereof, the parties elect domicile at their respective headquarters.
6. Birth certificate.
a. We notary certify the spelling and accuracy of the name, form, date of incorporation, VAT number and the identification number of national parties, as indicated above in the light of documents required by law.
b. (Possibly) The undersigned # Confirm the identity of the representatives of the parties it was justified through proof of identity above.
7. TAX DECLARATION FOR VAT
lessor recognizes that we, Notary, the've read and explanation of Article 62, paragraph 2, and Article 73 of the tax code to value added. The landlord told us to be subject to the application code from the value added tax, and is recorded in the second office revenue from VAT #, number
8. ORGANIC LAW OF NOTARIES.
The parties acknowledge that the notary drew their attention to the specific obligations imposed by Article 9 notary & 1, paragraphs 2 and 3 of the Organic Law of Notaries and explained that when interest undersigned finds obviously contradictory clauses or the presence of clearly unbalanced in favor of a party, it must attract the attention of the parties on it and it should let them know that each party is free to choose to appoint another lawyer or to be assisted by counsel. The notary must also fully inform each party concerning the rights, obligations and charges arising this act to which it is concerned and it must advise all parties so impartiale.Les parties said they believe there is here no clear contradictions of interests and believe that all clauses in this act they are balanced and the acceptent.Les parties also confirm that the notary has sufficiently informed as it should be about rights, obligations and expenses resulting from this act and gave them advice in an impartial manner.
WHICH ACTE.Fait drawn to #, location and date first above written.
And after reading full and commented in the act, the parties have signed with us, the Notary.
3. COMMERCIAL LEASE
Private writing (first read ALL the above ... 1)
The situation now mandatory
text to check the light patterns notarial lease above clauses more complete!
Between the undersigned: Beware section 1418 of the Civil Code !
A. # Acting as a landlord - tenant authorized to sub-louerci below called (s) "lessor" # first, and # B. # Hereinafter referred to as (s) "lessee" # second, it was agreed that:
1.OBJET CONTRACT
The lessor as a commercial lease the lessee, who accepts, a building in street # # # comprising perfectly known by the lessee who declares having visited it.
2.DESTINATION
The premises are rented to use # - some places are allocated to the main dwelling of the lessee and his family.The lessee may not change the destination, or sublet the property in whole or in part, nor assign its rights thereon with the written consent of the lessor, unless the sale or rental of goodwill on all the rights of the lessee, the provisions of Article 10 of the Act of 30 April 1951 on commercial leases are applicable in this cas.En any event, the Lessee shall remain jointly and severally liable for all obligations resulting from these.
3.DUREE
a. The lease is granted for a term of nine consecutive years starting on the # # finally
b. The lessee has the right to waive the execution of this contract at the end of each period of three years' notice notified by letter at least six months in advance.
c. The Lessor shall have the right to waive the performance of this contract at the end of each period of three years' notice sent by registered post at least a year ahead in accordance with the Article 3 of the Act of 30 April 1951 on commercial leases (these provisions are included in the text ... the add .... Dochy Me Note: It is important to explain this paragraph in principle because the lessee has the right to nine years farm, and this s.3 only play for personal occupation ... etc.. Moreover, this clause can only discourage the contractor do work ...
4.LOYER
This lease is granted and accepted a monthly rent - Quarterly # euros payable advance the timetable of the last business day before each #-month quarter. Until further it will have to be paid by bank transfer to account #. The parties to run in Article 7 § 4 of the Code of Taxation on Income (Check the reference!) Agree that the portion of the building reserved for commercial activity corresponds to # percent of loyer.La part reserved for housing or other activities accordingly corresponds to # percent of the rent.
5.INDEXATION
Rent specified above is representative of the purchasing power corresponding to the index HEALTH # consommation.Afin the price to maintain this correspondence, said rent will be adjusted , automatically and by law, once a year on the anniversary of the effective date of this bail.Cette adaptation will be in accordance with the following formula:
base rent x new index
______________________________
index basel
The new index will be the month preceding the payment or amended to take place.
6.GARANTIE
To ensure proper and complete performance of its obligations, the lessee will be a guarantee equivalent to # months rent and provisions for expenses which will be refunded after expiry of last term of this lease, and after proper and full implementation of all obligations have been found by the lessor, net of any amounts due. In any case, the security will be affected by the lessee to pay the rent or charges quelconques.La warranty will, at the end of each lease period, adjusted to correspond to # months rent and provisions in charges.Garantie espècesLe lessee pay the lessor at the time of signing this lease the sum of #. Deposits debentures or give lessee to the lessor obligationsLe cash bonds or bonds whose interest will be capitalized. The lessor may, upon maturity of the said securities, repurchase securities of the same type as those filed by the customer at an interest rate of the day and an amount corresponding to at least guarantee rehabilitated.
7.RETARDS PAYMENTS
Any amount owed by the lessee and not paid ten days after its due date occur automatically and without notice, for the benefit of the lessor, a substantial one for percent per month from its expiration, the interest of every month being due for the month entier.Au where, finally renting, the landlord does not reimburse the lessee within ten days of closing of accounts, balance of the deposit, the amount improperly withheld occur, automatically and without notice, to the lessee an interest of one percent per month from the date of closing the accounts, the interest of any month being due for the entire month.
8.CHARGES COMMON
addition to the rent specified above, the customer will pay its proportionate share of common expenses of the building as they are set by the trustee or lessor. Common costs include all rental fees consumption and maintenance for the building and including, but not limited to: consumption of water, gas and electricity and fuel, maintenance and insurance of the aircraft elevators and common heating, lighting and other equipment, the fees of the trustee, wages, insurance and social charges superintendent and staff responsible for maintenance communes.Restent parties to the lessor at work structural work, major repairs and insurance fire and water damage from bâtiment.Au where the cleaning of common areas is not conducted by a superintendent or the staff of this work, the contractor will maintain, in accordance with its neighbors floor, landing on his floor and the flight of stairs between it and the lower (If ground floor: lobby and sidewalk), this in agreement with the other occupants of the building. Failing agreement, or for any claim of an occupant, the tenant undertakes forthwith to pay its share of cleanup costs that would be controlled by the lessor.
9.IMPÔTS
All taxes of any kind made or to be on the premises leased by the state, province, municipality or other public authority, such as real estate tax must be paid by the licensee in proportion to his rent and duration of its occupation. # The cadastral income assigned to leased property amounts to EUR #.
1 0. PRIVATE CONSUMPTION
Subscriptions distributions of water, gas, electricity, telephone, radio, television, central heating or other factors are responsible for the buyer and all related charges such as meter rental costs comsommations, Etc. 'there is no particular meter for tap water, the lessee will intervene in the cost of consumption of the entire building because of # If there are no counters heating, the lessee will intervene in the cost of heating the entire building at a rate of #
11. RESERVES
as a reserve, the tenant will pay their rent each # with the following amounts:
A. for Common #.
B. for heating and hot water #.
C. Water Town #.
D. for taxes and fees #.
Either total #.
The amounts of these provisions may be changed in case of failure. At least once a year, a detailed statement of charges and consumption will be sent to the policyholder with a copy of receipts. In cases of multiple apartment buildings, which are managed by one person, the obligation is fulfilled when the landlord sent the tenant a statement of fees and charges and that the possibility is offered to it or its special attorney to inspect documents at the home of the individual or head of the corporation that manages. Any costs relating to this consultation will be borne by the lessee.
12. STATE OF PLAY
The property taken herein is leased in the state where he is, well known by the lessee who declares having visited and considered in its details. expiration of this lease, will have to leave the state in which he found to his admission, in view of what might have been degraded by normal wear or obsolescence. The parties agree that there will be before the entry of the customer to establish an inventory cost partagés.Elles established by mutual agreement designate as M # - single expert - expert - to Failing this Mission. inventory entry the customer is presumed to have received places in the state where he forsake his départ.Sauf agreed, the finding of the current state of output will be established no later than the last day of the lease after the lessee has fully paid the premises. To establish the current state of output, the parties will have designated their (s) expert (s) no later than fifteen days before the end of the lease, either by mutual agreement or, failing agreement, on request of either party before the judge Paix.Tant at entry and exit, the decision of the expert chosen by the parties or designated by the Judge will be final for the parties without appeal.
13. CHANGES OF RENTED PROPERTY
All work embellishments, improvements, alterations of the leased property can not be made without the written consent of bailleur.Sauf Convention to intervene when issuing written agreement, they will be acquired without compensation to the lessor, who will retain the option of require the restoration of play in their state primitif.Toutefois, the lessee may make in the demised premises any changes needed for its business in accordance with Article 7 of the Law on Leasing arrangements commerciaux.Les places imposed by the application of existing or future regulations enacted by public authorities are to borne exclusively by the lessee.
14. MAINTENANCE
At least once a year, and its release, the Lessee shall at its expense, cleaning chimneys, maintain a specialist heaters and central heating water and limescale heaters and heater will replace eau.Il, inside and outside, the windows cracked or broken windows and whatever the cause. It will repair the damage caused during a theft or vandalism. It will maintain in good condition and all parts and equipment distribution pipes for water, gas, electricity and central heating, sanitation and ducts landfills, installation of alarm, telephone, etc.. It will preserve the distributions and cons effects of frost damage and ensure that the plumbing fixtures, pipes and drains are not blocked. The lessee shall maintain the premises in clean condition, and wash paintings will clean out if nécessaire.Il timely tanks, septic tanks and cesspools. It will maintain the garden in good condition, will whiten the walls, trim trees and replace the same species who come to evacuate mourir.Il regularly leaves and waste that would clutter up the cornices gouttières.Au and where the leased property has a lift, the customer will subscribe to its costs on a maintenance contract with a specialized firm, and comply with legal obligations to control by an expert.
15. INSURANCE
The contractor will provide replacement value for their furniture and other objects are in places with a company approved by the lessor, first. Moreover, it subscribes to the same company, an insurance-type "full insurance against fire, including covering the rental insurance, the liability, the use neighbors, water damage.
+ the damage to the building in case of theft
He will be able to justify the payment of bonuses to any request from the landlord.
16. ACTION
The tenant may not exercise any recourse against the lessor in case of accidental stoppage or malfunction due to him for services and equipment serving the demised premises unless it is established that, before being notified thereof no took it as soon as possible all steps to remédier.Il will be the same responsibilities under articles 1386 and 1721 of the Civil Code. The lessee will use the property in good family man and immediately notify the lessor damage caused to the roof or other major repairs made by law to charge the owner and he will tolerate this work even though they would last more than forty days and waive any compensation for disturbance in his occupation.Les repairs made necessary due to theft or vandalism will be borne by the lessee.
17. Expropriation
In case of expropriation, the landlord will notify the lessee shall not claim any compensation to the lessor, he may assert his rights against expropriation, and can not claim any compensation that it would decrease the benefits to be allocated to the lessor.
18. DISPLAY - VISIT
Fifteen months before the time when this lease will end, or at the expiration of the period fixed for its duration, or by termination in the event of sale of the building, Lessee must tolerate until the day of its release, as closets are affixed to the most apparent, and that fans can visit it freely and completely two days per week and three hours per day, to determine in common accord.Pendant the duration of the lease, the lessor or his representative may visit the premises upon appointment.
19. AUCTIONS
No lessee to conduct public auctions of furniture, merchandise, etc.. In the leased property for any reason whatsoever.
20. RULES OF PROCEDURE
The lessee undertakes to respect the rules of ownership and internal order, and all amendments or additions thereto, and to ensure compliance. The lessee may inspect these documents at #
21. PETS
The tenant may not have animals without the written consent of the lessor. It undertakes to prevent traffic on the stairs, the court or outbuildings, animals that possess or are temporarily home to avoid noise due to uncleanliness or congestion levels, stairways, corridors Course and dependencies, and use of the premises so as not to interfere with other occupants of the building. In case of non compliance with these requirements, this authorization may be withdrawn.
22. EARLY TERMINATION
A. If requested by the lessee for early termination of this lease, shall be relieved of all obligations under this Lease, as from the renting of the property by a new tenant approved by the lessor, and the express condition that he pays:
1.All rents, taxes, charges and other sums as may be payable until the date of effect of the new tenancy;
2.the any costs of restoration of the building, valued following inventory prepared at the sole expense of Lessee by an expert appointed by agreement or by the magistrate, if at least one party so requests;
01.03 termination fee set at a standard less rent;
4.All costs resulting from early termination of the lease, including the establishment costs of the deed or the statement before the magistrate stating the termination of the lease.
B. In case of alienation of the property, the buyer gratuitously or for consideration of the leased assets, may terminate this lease by giving one year's notice given to the lessee within three months of acquisition, in the cases and manner provided for in Articles 12 and 16 of Law on commercial leases.
23. TERMINATION OF LESSEE TO BLAME
Upon termination of the lease to his mistakes, the Lessee shall bear all costs, expenses and costs whatsoever arising out of or come to the right of such termination and pay, in addition to the rent came due before the Initially, a relocation allowance equivalent to the rent for a semester, plus its proportionate share of taxes for that period and for the same period, its share of the costs that remain unchanged despite its departure lieux.L introduction by the lessor of a request to terminate the wrongs of the lessee shall bar faculty to request the termination by agreement under section 22 A.
24. SOLIDARITY
The obligations of this lease are interdependent and indivisible against licensees, their heirs or their assigns, for any reason whatsoever.
25. ADDRESS - SAME
The Lessee elects domicile in the rented premises as to the duration of the tenancy for all suites bail.En the event of a change in marital status, marriage in particular, the lessee will be required to promptly notify the landlord.
26. REGISTRATION
Registration fees the lease are charged to the lessee alone bear all fees and fines to which this lease would ouverture.Uniquement for the collection of registration fees, loads unencrypted under this lease are estimated at 10% of the rent.
27. SPECIAL CONDITIONS.
Made # # The
In four, three of which are delivered to the customer for registration and give a copy by post to the lessor, the fourth remains in the hands of the lessor.
4.
MODEL ACT OF TERMINATION: deed required!
YEAR TWO MIL ... The front
* Master *, notary *.
APPEARANCES
1. "Partie_1" M *, the lessor;
2. "Partie_2" M *, the lessee.
Who We previously have stated the following:
1 by the act, * passed * Master, notary * (or: by deed under private seal-of * registered * to *) M * has leased as a commercial lease to M * the ground floor of the building (or: building) located at *
possibly 2: This lease was renewed in accordance with the Act's last day of April nineteen hundred and fifty and one on commercial leases written by a private agreement dated * registered * (or: by verbal agreement on *);
3 ° accordingly, the lease expires on *.
This statement, We the subscribers said they wanted to terminate prematurely and by mutual agreement in accordance with Article 3 paragraph 4 of the Act, the commercial lease question above panel and make sure that customer 's calls to quit premises no later than * and pay the rent for the last time * (or: the last rent paid by the policyholder, covering a period spanning from * to *, the landlord agrees to refund the sum of * francs representing the proportion of rent relating to the period after his departure).
The parties expressly agreed that no compensation shall be payable by the lessor to the lessee at the latter's departure, and this, for any reason whatsoever.
To satisfy the requirements of the Law on Notaries, the notary certifies after verifying the full name, place and date birth, and domicile of each party in view of official documents prescribed by law.
WHICH ACTE.Fait and passed * in the study. And
full reading and commentary made, the parties have signed with us, the Notary.
5.
VARIOUS
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