As a technical discipline in constant evolution, commercial leases cannot be apprehended without a recurrent practice enriched by a permanent legal monitoring.
Bertrand de LACGER, author of numerous articles in the Rent Journal and commercial lease practitioner since 1999, assists his clients, landlords or users, French or foreign, at any stage of the life of the commercial lease, in advice and in litigation .
While model deeds can be found on the Internet, the stakes, the complexity of commercial lease law and the risks of requalification or invalidity require the intervention of a qualified professional with proven experience in this discipline, who alone can ensure the legal security of the parties and third parties.
The tasks usually entrusted to the LB AVOCAT firm include in particular:
- The negotiation and drafting of all investor or user leases or in a future state of completion, derogations, emphyteutic or construction leases, precarious occupation agreements, renewals, subleases, management leases, amendments, for all types of property (shops at the foot of buildings, in galleries or shopping centres, offices, warehouses and business premises, hotels, clinics etc.).
- The negotiation and drafting of all deeds of transfer of lease rights or business assets, including in the event of receivership or liquidation of the lessee: as such, LB AVOCAT is present at all phases of the operation, from the preliminary evaluation of the lease right or business assets to the negotiation of the essential conditions of the deed and its drafting and finalisation (sequestration, management of oppositions to the payment of the price, publication, registration).
- The drafting of any consultation on a particular transaction, lease, deed of transfer or opportunity for legal action.
- The estimation of the rental value, the value of a business fund or a right to lease, an eviction or occupation indemnity.
- The audit of leases in the context of data-room.
Representation, both for lessors and lessees before any national court, for any dispute concerning the determination of rent, eviction compensation or common law, as well as for the defence of lessors and lessees facing receivership or liquidation proceedings.
Professional and residential leases
LB AVOCAT has recognized expertise in this field, where legislation is constantly evolving, which enables it to respond effectively to all problems, both in terms of consulting and litigation.
- Negotiation and drafting of all bare or furnished, seasonal, or professional residential leases as well as all endorsements.
- Drafting of holidays to sell as part of a cut-out or simple sale, for legitimate and serious reasons or for takeover.
Representation, both for lessors and lessees before any national court for any dispute, including the acquisition of the lease resolution clause, termination or judicial resolution of the lease, fixing of rent, recovery or challenge of recoverable expenses, compensation for disturbances or claims.
Co-ownership law is an important part of the activity of LB AVOCAT, whether in consulting or litigation.
- Drafting co-ownership and amending regulations
- The drafting of the statutes of trade unions, the statutes of free trade union associations
- Preparation for general meetings: drafting of summonses, agendas
- The legal assembly of condominium splits, acquisitions and divestitures of common parties
- Any audit in the context of data-room,
- The recovery of expenses
- Cancellation of general meetings and resolutions
- The cancellation of clauses in the co-ownership settlement
- Responsibility for the co-owners’ union, the trustee, the union council
- Defending the rights and obligations of co-owners
- Work on common or private areas and the management of claims and disturbances of enjoyment.
The sale of real estate is often an act of a certain scope, requiring specialized skills. With several years of experience and a proactive follow-up of the legislative developments in this field, LB AVOCAT guarantees a wise and complete insight into every file, no matter how complex.
- Assistance with goods dealers ahead of bulk sale and tracking the cutting sale
- Writing offers to buy
- The drafting of any pre-contract (promise or sale compromise)
- The drafting of any mandate and delegation of mandate
- Deeds of deliverance, evictions
- Hidden vices
- Caducity of promise, nullity of sale
- Preservation or restitution of capital benefits
- Real estate agents: liability, nullity of mandates and remuneration
Real Estate Transaction
LB AVOCAT is authorized by the Paris Bar Association to receive any mandate to sell, buy, lease or search for a buyer.
Through its network, it offers real opportunities to investors seeking legal certainty in their arbitration or investment.
Defence of expropriated people before the Expropriation Judge.