Kohen Avocats, commercial lease in Marseille

Commercial lease lawyer Marseille: notice, renewal, eviction

Notice to quit, renewal, eviction compensation, unpaid rent, uncapping of the rent: as a commercial lease lawyer in Marseille, the firm advises and defends landlords and commercial tenants across the whole commercial lease statute. The choice of lawyer is yours, whatever their bar.

Prompt, confidential response. In business, time is an asset: the earlier counsel steps in, the more options remain open, negotiation included.

Commercial lease · Marseille

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Contact the firm. Our lawyers advise and defend landlords and commercial tenants in Marseille: notices to quit, renewal, eviction compensation, rent — then on appeal where necessary.

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In the media

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Kohen Avocats, Paris 17

The commercial lease in Marseille, explained

Reda Kohen, lawyer at the Paris Bar
Reda KohenLawyer at the Paris Bar

Company law · Paris 17th arr.

What a commercial lease lawyer does in Marseille

  • Paris Bar
  • Commercial leases
  • Firm in Paris 17th arr.

Lawyer at the Paris Bar — commercial leases and business tenancy litigation.

Business law is played out on two fronts. First, the amicable route: formal notice, negotiation, settlement agreement — most commercial disputes are resolved before any hearing when they are taken up early. Then the court: in Marseille, the economic activities court (tribunal des activités économiques) of Marseille, 2 rue Émile Pollak, hears disputes between traders and commercial companies (Article L. 721-3 of the French Commercial Code); litigation under the commercial lease statute falls largely to the judicial court (tribunal judiciaire) of Marseille, 6 rue Joseph Autran. No rule requires you to choose a local lawyer. Confidential first conversation on +33 6 46 60 58 22.

Send what you have, even if incomplete: the firm will prioritise and complete the file with you. In an emergency, call +33 6 46 60 58 22.

Official profile in the directory of French lawyers (CNB)Firm at 11 rue Margueritte, 75017 Paris

Notice to quit and renewal

The lease ends only by notice to quit given six months in advance by extrajudicial instrument, or by a request for renewal (Article L. 145-9): each expiry date needs preparation.

Eviction compensation

Refusing renewal has a price: the compensation covers the market value of the business, including removal and re-establishment costs (Article L. 145-14).

Rent and termination clause

Unpaid rent, rent revision, uncapping of the rent: the termination clause takes effect only one month after an unsuccessful formal demand to pay, and the judge may suspend its effects (Article L. 145-41).

Key points

Business litigation: your courts, one method

Address, contacts, appeals: practical points of reference.

  1. Disputes between traders and commercial companies: economic activities court of Marseille, 2 rue Émile Pollak, 13006 Marseille — tel. 04 91 54 70 40 (Article L. 721-3).
  2. Commercial lease statute: judicial court of Marseille, 6 rue Joseph Autran, 13006 Marseille — tel. 04 91 15 50 50, for most of the litigation.
  3. Appeals against judgments lie to the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence, within one month (Article 538 of the French Code of Civil Procedure).
  4. In urgent cases, the president rules in urgent application proceedings: an interim payment where the debt is not seriously disputable, protective measures in the event of a manifest disturbance (Articles 872 and 873 of the Code of Civil Procedure before the commercial court, Articles 834 and 835 before the judicial court).

The firm, based in rue Margueritte in the Paris 17th arrondissement, advises and defends company directors, traders and companies in Marseille; where the law requires a lawyer with territorial representation rights (postulation), it arranges this with a colleague from the local jurisdiction. What matters: mastery of the subject and availability, from the first appointment through to the hearing.

Commercial leases

The commercial lease: the statute that protects the business

Nine years, renewal, compensated eviction: a public-policy statute with daunting time limits.

Position A

During the lease

  • Minimum term of nine years, with the tenant entitled to give notice at each three-year break, six months in advance (Article L. 145-4).
  • Unpaid rent: the termination clause takes effect only one month after a formal demand to pay has gone unanswered (Article L. 145-41).
  • Change of permitted use, subletting, assignment of the lease: each operation is subject to its own conditions, and is prepared in writing.

Position B

At expiry

  • The lease ends only by notice to quit given six months in advance by extrajudicial act, or by a request for renewal (Article L. 145-9).
  • Refusal of renewal: save for exceptions, the landlord owes eviction compensation, the market value of the business (Article L. 145-14).
  • Warning: all actions under the statute are subject to a two-year limitation period (Article L. 145-60), and challenging a notice to quit seldom allows delay.

The reflex: date every notice to quit, every formal demand, every request. In a commercial lease, the two-year limitation period and the six-month time limits govern everything.

The firm acts across the whole commercial lease statute:

  • Notice to quit and renewal
  • Eviction compensation
  • Rent and service charges
  • Uncapping of the rent
  • Assignment of the lease
  • Subletting

Rent and eviction

Rent, eviction, termination: the battles of the lease

The real financial stakes of the statute — each with its own procedure and time limits.

Rent stage

Revision and uncapping of the rent

The renewed rent is open to debate: capping, grounds for uncapping, rental value — expert-led litigation in which every document counts.

Eviction stage

Quantifying the compensation

Value of the business, leasehold right, re-establishment costs, commercial disruption: eviction compensation is built on an expert assessment (Article L. 145-14).

Termination stage

The termination clause

One month after an unsuccessful formal demand to pay, the termination clause takes effect — but the judge may grant time to pay and suspend its effects (Article L. 145-41).

Subletting stage

Assignment and subletting

Assigning the lease with the business, subletting, changing the permitted use: operations allowed on strict conditions — the landlord's written consent should be sought in advance.

The ordinary commercial limitation period is five years (Article L. 110-4 of the Commercial Code); for commercial leases, two years. Dating the starting point precisely is often half the case.

Timeline

From dispute to court: how it unfolds

The typical stages of a business case handled by the firm in Marseille.

  1. The dispute

    Unpaid invoice, terminated contract, blocking shareholder: date the facts and gather contracts, emails and accounting documents from day one.

  2. The consultation

    Analysis of the contracts, time limits and evidence; quantification of the debt or the loss; choice of route: negotiation, urgent application, payment order or full proceedings on the merits.

  3. Formal notice

    A lawyer's letter, precise and quantified, resolves many commercial disputes; it fixes the parties' positions and prepares the court stage if it proves necessary.

  4. The writ of summons

    Failing agreement, the case is brought before the judicial court of Marseille, 6 rue Joseph Autran — and by urgent application (référé) where urgency or obviousness allows (Articles 834 and 835 of the Code of Civil Procedure).

  5. The hearing and the decision

    Submissions, accounting documents, an expert assessment if needed: each claim is quantified and proved, interest and costs included.

  6. The appeal

    The judgment may be appealed within one month before the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence (Article 538 of the Code of Civil Procedure); provisional enforcement applies as of right.

Preparing your case

The documents to gather

The checklist that carries weight, in negotiation as before the judge.

  • The contracts: general terms of sale, purchase orders, commercial lease, articles of association and shareholders' agreements.
  • Invoices, account statements, payment schedules, acknowledgements of debt.
  • Formal notices and replies, decisive emails, minutes of meetings.
  • Minutes of general meetings and board meetings, management reports, annual accounts.
  • Kbis extracts, deeds of transfer, warranty and indemnity agreements, pledges.
  • Reports by a court commissioner (commissaire de justice), amicable expert reports, accounting correspondence.

Verified reference points, Commercial Code and Civil Code

The rules of the game, in black and white.

The time limits that govern the commercial lease statute — those the firm relies on in Marseille, with the text in support.

3 years

The tenant's three-yearly notice to quit, Article L. 145-4 of the Commercial Code

The commercial tenant may give notice to quit at the end of each three-year period, at least six months in advance.

9 years

The commercial lease, Article L. 145-4 of the Commercial Code

The term of a commercial lease may not be less than nine years, with the tenant entitled to give notice at each three-year break.

6 months

Notice to quit and renewal, Article L. 145-9 of the Commercial Code

A commercial lease ends only by notice to quit given six months in advance by extrajudicial document, or by a request for renewal.

2 years

Actions under the lease statute, Article L. 145-60 of the Commercial Code

All actions brought under the commercial lease statute are subject to a two-year limitation period, and challenging a notice to quit cannot wait.

1 month

The termination clause, Article L. 145-41 of the Commercial Code

The termination clause takes effect only one month after a formal demand to pay that has gone unanswered; the judge may suspend its effects.

Official source. Articles L. 145-4, L. 145-9, L. 145-14, L. 145-41 and L. 145-60 of the Commercial Code

These reference points, set by law, apply in Marseille as everywhere in France. How they are applied is built case by case, document by document.

Frequently asked questions

Your questions: commercial lease

Can a Paris lawyer handle my commercial lease in Marseille?

Yes. Lease audits, notices to quit and renewal negotiations know no bar boundaries; the firm handles its cases in Marseille from start to finish.

Before the judicial court of Marseille, where the law requires representation by a lawyer with territorial representation rights (postulation), the firm arranges this with a colleague from the local jurisdiction.

The firm, based in rue Margueritte in the Paris 17th arrondissement, acts for landlords and commercial tenants alike in Marseille.

How do I give notice to quit or request renewal of my lease?

The commercial lease ends only by notice to quit given six months in advance by extrajudicial instrument, or by a request for renewal (Article L. 145-9 of the Commercial Code).

The commercial tenant may also give notice to quit at the end of each three-year period, six months in advance (Article L. 145-4).

A notice that is badly drafted or wrongly dated turns against its author: each step needs preparing down to the calendar.

My landlord refuses renewal: am I entitled to compensation?

Yes, subject to the exceptions provided by law: eviction compensation makes good the loss of the evicted commercial tenant and includes in particular the market value of the business and removal and re-establishment costs (Article L. 145-14).

The notice must state that the tenant has two years to bring the matter before the court (Article L. 145-9).

The firm quantifies the compensation on the documents and an expert assessment, then negotiates or argues it.

Unpaid rent: what can the landlord do, and what does the commercial tenant risk?

The termination clause takes effect only one month after a formal demand to pay that has gone unanswered, stating that period on pain of nullity (Article L. 145-41).

The judge may grant time to pay and suspend the effects of the clause, on conditions — notably resumption of payment of the current rent.

For the landlord, speed and form are everything; for the commercial tenant, negotiating a payment schedule is settled before the hearing.

Which court hears commercial lease disputes in Marseille?

Litigation under the statute falls largely to the judicial court of Marseille, 6 rue Joseph Autran, 13006 Marseille — telephone 04 91 15 50 50; the renewed rent falls to the commercial rent judge.

Purely commercial disputes between the parties may fall to the economic activities court of Marseille (Article L. 721-3).

Appeals lie to the court of appeal of Aix-en-Provence, 20 place de Verdun, 13100 Aix-en-Provence, within one month.

Can I challenge the new rent proposed?

Yes: the rent of the renewed lease is in principle capped, and uncapping it requires specific grounds — a significant change in local commercial factors, in the characteristics of the premises or in the parties' obligations.

The discussion turns on rental value, supported by documents and an expert assessment.

Mind the time limit: actions under the statute are subject to a two-year limitation period (Article L. 145-60).

Can I assign my lease or sublet?

Assignment of the lease together with the business is in principle possible despite any clause to the contrary; subletting, however, is prohibited unless the landlord agrees.

Each operation requires compliance with the formalities set out in the lease — approval, the landlord's participation, notification.

The firm secures the deed and clears the authorisations before signing.

What is a change of permitted use?

It is a change of activity on the premises: partial (related or complementary activities) on simple notification, or full (a different activity) with authorisation.

The procedure is formal and the landlord may raise serious grounds against it: each step must be documented.

A successful change of use adds value to the business; a failed one exposes the commercial tenant to termination.

What can the firm do in an emergency?

Facing a formal demand to pay: one month to react before the termination clause takes effect (Article L. 145-41) — time to pay and suspension are matters for argument.

Applying to the president by urgent application (référé) for any urgent measure: interim payment, restoration, manifestly unlawful disturbance (Articles 834 and 835 of the Code of Civil Procedure).

In an emergency, call directly: the first consultation serves to secure the position, then to build the case.

What are the fees for a commercial lease case in Marseille?

Fees are set out in a written agreement, in accordance with Article 10 of the Law of 31 December 1971: before committing, the client knows what the assignment covers and what it costs.

The firm favours a fixed fee per stage: lease audit, notice to quit or renewal, negotiation, proceedings, appeal.

A quote is prepared after the situation has been reviewed. First conversation on +33 6 46 60 58 22.

A commercial lease question in Marseille?

Contact the firm. Our lawyers advise and defend landlords and commercial tenants in Marseille: notices to quit, renewal, eviction compensation, rent — then on appeal where necessary.

The latest news.

What our clients say

4,9289 Google reviews
kader ladjouzi
1 month ago

Best real estate law and business law lawyer in Paris. A humane and attentive lawyer, with a wonderful team. Thank you, Maître KOHEN

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Janou SAMUEL
2 months ago

Thank you to Maître KOHEN for his analyses of recent case law on fraudulent non-disclosure in property sales. It reassures me about an action for annulment that I am considering after buying a house affected by serious defects intentionally concealed by the seller and not reported by the estate agent; also defects (rising damp) characterised by spreading through-cracks and damp stains, not reported by the estate agent… Worse, defects concealed by the latter or at his instigation, under a coat of paint and by polystyrene tiles glued to the ceiling of a bedroom. And the said estate agent drafted the preliminary contract, which of course contains no information about any of these defects. Just to add that, being 77 years old and suffering from cognitive impairment, I am certain that the estate agent thought I would not be able to discover the deception and above all to establish the fraudulent intent, still less to bring legal proceedings given the complexity and length of the procedure... That is why I am opting for the criminal route, insofar as the intentional concealment of the defects by the seller and then by the estate agent amounts to the fraudulent manoeuvres of art. 313-1 of

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Paul MALIK (powlo)
5 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

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Rayan Kallout
6 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

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Naji Jouahri
6 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

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Halim Tunde
6 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

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Cha
6 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

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Asmaa Maazaz
7 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

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Contact Mobile
6 days ago

Very satisfied! I would like to thank Maître Esther Cornu here, who managed to resolve a very complicated dispute in a divorce and family law matter...Thanks to Maître Cornu, a judgment was handed down in my favour even though it was far from a foregone conclusion...So I recommend this law firm

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Claude Frasson
1 week ago

A precise and concrete analysis and an immediate response. Excellent.

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Basel Alali
1 week ago

I highly recommend this lawyer for his professionalism, honesty, and transparency. He helped me successfully and guided me through the process with great care and expertise. What I particularly appreciated was his honest approach and the fact that he recommended practical, cost-effective options instead of immediately pushing for the most expensive solution. He genuinely focused on finding the right approach for my situation. I’m very grateful for his support and would definitely recommend him to anyone looking for a trustworthy and professional lawyer in France.

beatrice lefevre
1 week ago

Thank you for this detailed, precise help, with a proposal at the end on whether or not to continue (very quick response as well)

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Jean-pierre Steinmetz
2 weeks ago

Very good advice given by Maître Cornu during our meeting on 16 October.

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John Roberts
2 weeks ago

Very professional and responsive service. The lawyer quickly and carefully checked the validity of my wife’s residence permit in light of a specific legal regime. His work gave us clarity, whereas the usual administrative procedures were long and ambiguous. I appreciated his efficiency and professionalism, and I recommend his services.

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Jean-François PAPA
3 weeks ago

I would like to warmly thank Maître Esther Cornu for her professionalism, her availability and the quality of her support. In a case of particular importance for my professional future, she showed great responsiveness, rigour and a gift for explaining things, taking the time to answer my questions precisely and to explain the various legal steps to me. I particularly appreciate the clarity of her analyses, her seriousness and her commitment in following up my case. Many thanks to Maître Esther Cornu for listening and for her support. I highly recommend!

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Hamid Agouz
3 weeks ago

I was pleasantly surprised by the responsiveness of Mr Reda Cohen, who took the time to answer my questions about my case instantly. It has become so rare these days to find a lawyer who is so available, responsive and attentive, even when it is simply a matter of answering questions. His answers are clear, precise and reassuring. You can tell that he takes the time to understand the situation and to provide relevant answers. Beyond his excellent ratings on Google, it is above all this availability and this seriousness that make the difference. Many thanks to Mr Reda Cohen for his professionalism and his responsiveness. I highly recommend!

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Sandra Imbert
3 weeks ago

A huge thank you to Maître Esther Cornu from Kohen Avocats for her support during a particularly difficult time. Her attentiveness, empathy, and humanity touched me deeply. She was able to answer my questions with clarity and sensitivity, while demonstrating great professionalism and fully respecting the confidentiality of the case. Beyond her professional qualities, I met a deeply humane lawyer whose support made a real difference. I sincerely recommend her.

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Мария Двирник
1 week ago
Moula Brahimi
1 week ago

Good experience. And good work, thank you for everything.

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Faiza Traduction
1 week ago
Alain Arsaut
2 weeks ago

Saw Hassan on the TV news

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Beaudrique Abao
2 weeks ago
Krep Events Traiteur Breton
3 weeks ago

very clear article

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TOULEIMAT HACHEM
3 weeks ago