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Commercial lease
A contract for the provision of premises with the provision of services is not a sublease
Publié le 09 septembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The contract, the price of which makes the provision of the premises and the provision of services indivisible, does not constitute a sub-lease. The Court of Cassation said so in a June 27, 2024, decision published in the bulletin.

A landlord leased commercial premises to a business. That tenant then concluded contracts with a third party for the provision of those business premises together with the provision of services. The landlord takes the tenant to court. It considers these to be sub-leases and requests a readjustment of the main rent.
The Court of Appeal condemns the tenant and finds that there are subleases. In its view, the essential provision of the contracts concluded between the tenant and the third party is the provision of the premises. It considers as ancillary the services provided and accepts the request for readjustment of the main rent. The tenant is appealing to the court of cassation.
The Court of Cassation quashes and annuls the appeal decision on the ground that the fee fixed by the tenant included both the provision of premises and the provision of services. Thus, the contracts concluded by the lessee with the third party do not constitute subleases. Therefore, the landlord cannot request a readjustment of the principal rent.