How to terminate a classic lease?
The business world is evolving and turning more and more towards flexible spaces and hybrid work. This is transforming rental strategies... Faced with the flexibility of coworking, the traditional lease is still resisting.
How to terminate a classic lease?
The classic lease is losing ground. This contract, signed between a premises owner and a professional who wishes to set up his activity, corresponds less and less to the needs of companies.
Although this type of lease is highly regulated by law, it is also more difficult to break. And it is sometimes in direct competition with coworking operators and their flexible office rental offers...
Why are companies increasingly tempted? There are many reasons! The range of services on offer, the provision of private workspaces or meeting rooms, strategic locations, etc. Another advantage: flexibility, with a contract that is much more agile than the traditional lease with its inflexible conditions.
The commercial lease is generally fixed at 9 years (or even longer, depending on the terms agreed between the tenant and the landlord). The easiest way to leave the premises? Wait until the contract expires!
To return the premises at the end of the lease, the tenant simply has to give notice, 6 months in advance. There are no grounds for termination. On the other hand, if the landlord wishes to terminate the lease at the end of the contract, he must state his reasons (unpaid rent, works, etc.). If neither party wishes to terminate the commercial lease, the contract is tacitly renewed.
But what if the tenant wants to terminate the contract prematurely? There are solutions.
The case of an early termination
The most common form of lease is the 3/6/9 which benefits the tenant who can leave the property at the end of each 3 year period.
In order to leave the premises at the end of a three-year period, the tenant must give notice of his decision at least 6 months before the end of the term. If the request is not made before this deadline, it will remain valid for the next term, 3 years later. The notice must be given by registered letter with acknowledgement of receipt or via a bailiff to inform the other party.
Good to know:The lessor may also terminate the contract at the end of each 3-year period, subject to 6 months' notice.
However, the lessee and lessor can agree to an amicable termination at any time.
In order to leave the premises via an amicable termination, all parties must agree on the conditions and reach a compromise. A written proof with a termination agreement is required to confirm the end of the lease.
The lack of flexibility in these contracts is leading more and more professionals to turn to coworking and flexible office rental operators (by the day or month). Increased activity, reorganisation or a one-off project to be carried out with an ad hoc team... Flexible workspaces adapt to the movements of companies, for example by providing more or less space depending on the number of employees, while optimising costs. Where the classic lease defines preconditions that are not very adaptable...
Flexible contracts are not the only advantages of Multiburo spaces. Administrative assistance, office customisation, IT support...