Real estate law

MOSAIK advises and defends landlords and tenants alike, independent retailers, retail chains and investors, at every stage in the life of the lease.

Negotiating and drafting your lease

A bail commercial (French commercial lease) is not signed on a standard form. The firm negotiates and drafts the clauses that will determine the balance of the contract:

• term, permitted use of the premises and authorised activities;
• initial rent, security deposit and additional guarantees;
• allocation of service charges, taxes and works between landlord and tenant;
• indexation clause and choice of index;
• assignment, subletting and joint guarantee clauses;
• the termination clause and the conditions for triggering it.

MOSAIK also audits existing leases, notably in connection with the acquisition of a business or a real estate investment.

During the lease: rent, works, changes

While the lease is running, the firm assists you with:

• the three-yearly rent review and the operation of indexation;
• change of permitted use: extending or changing the activity carried on in the premises;
• assignment of the lease, with or without the business;
• subletting and the required consents;
• the tenant's three-yearly break notices;
• disputes over service charges, works and the condition of the premises.

Renewal and rent setting

The expiry of the lease is a strategic moment. Renewal requests, notices with an offer of renewal, setting of the new rent: the rent-capping rules and their exceptions (significant change in local commercial factors, works, length of the lease) generate abundant litigation before the French commercial rent judge. MOSAIK builds your rental value case, negotiates with the other side and conducts the proceedings where no agreement can be reached.

Refusal to renew and eviction compensation

A landlord who refuses renewal must, subject to limited exceptions, pay eviction compensation covering the tenant's entire loss: the value of the business or of the leasehold right, relocation costs and ancillary expenses. The firm acts on both sides of this decisive negotiation (quantification, expert assessment, proceedings), as well as on the tenant's right to remain in the premises while proceedings are pending.

Short-term leases and related contracts

Not every occupation falls under the statute: short-term derogatory leases, precarious occupation agreements, professional leases, seasonal lettings. Choosing the right contract, and drafting it rigorously, avoids recharacterisation and its heavy consequences.

Commercial lease litigation

MOSAIK handles the full range of commercial landlord and tenant litigation: unpaid rent, formal demands for payment and the triggering of termination clauses, challenges to notices, proceedings before the commercial rent judge, and the impact of the tenant's insolvency proceedings on the lease.

Frequently asked questions

Can the tenant leave before nine years?

Yes: unless the lease provides otherwise for certain categories of lease, the tenant may terminate at the end of each three-year period, subject to six months' notice served in the required form.

Can my rent rise sharply on renewal?

In principle, the renewed rent is capped by the movement of the applicable index. But exceptions allow the cap to be lifted, notably where local commercial factors have changed significantly or for leases of more than nine years. Every situation deserves careful analysis.

What is the statutory eviction compensation?

It is the sum owed to the tenant when the landlord refuses to renew the lease without serious and legitimate grounds. It covers the value of the business or of the leasehold right, together with the costs of relocation. Its amount, often substantial, is negotiated and assessed by experts.

Landlord or tenant: do you act for both?

Yes, but never in the same matter. This dual practice is an asset: knowing the arguments and constraints of the other side makes both negotiation and litigation more effective.

What should I do about unpaid rent?

Act quickly and follow the required forms: a formal demand for payment invoking the termination clause, then, failing payment, proceedings for termination and eviction. Conversely, a tenant in difficulty should negotiate time to pay before the termination clause takes effect. In both cases, the timetable drives the strategy.