Transfer of lease in Cannes: how it works

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The transfer of a lease is a very common procedure. Whether it is a rental lease or a residential lease, there are principles and procedures that must be respected. In order to succeed without hindrance, the process includes taking into account and studying all the obligations that arise from it.

Thus, tenants and landlords have rights and duties that come to frame the transfer of lease in Cannes so that none of the parties is harmed.

The transfer of lease: what is it?

Transferring a lease means transferring to a legal entity its current rental contract. This procedure can be definitive or only concern a predefined period. In this second case, it is a sub-lease, the tenant can transfer his rights and obligations relating to his lease to a sub-tenant.
On the day of the latter’s departure, the tenant recovers all the rights and obligations concerning the accommodation.
The assignment of a lease resulting in a temporary sublease generally occurs when the tenant is required to move for a long period of time.
In the case of a permanent assignment of the lease, the tenant has the possibility to leave the dwelling before the date defined in his lease contract since he assigns his lease contract to a new tenant.
The procedure of lease transfer can intervene within the framework of a commercial lease or a residential lease.

How does it work ?

When a lease is transferred, three parties are involved: the lessor, the transferor-tenant and the new tenant, also called the transferee-tenant. It is therefore a procedure that has many interests, which is why there are clauses, principles, rights and obligations that intervene to best frame this process and ensure that each party is satisfied.

Faced with this complex procedure, the best is to have recourse to a real estate consulting agency, in particular for a transfer of lease in Cannes

Within the framework of a commercial lease, the transfer can also concern the business. If the tenant chooses to transfer only his lease, the new tenant has the possibility to continue the current contract without modifying the terms and conditions until the predefined date or to create a brand-new contract with new clauses. In order for this procedure to be legal, the tenant at the origin of the assignment must imperatively inform the owner.

All terms and conditions concerning a possible assignment are precisely defined in the rental agreement, which must be initialed and signed by both parties. When drawing up this lease contract, the lessor can include clauses relating to the framework of the transfer, but also prohibit a transfer of the lease outside the transfer of the business.

The landlord can add other clauses to the lease agreement, such as requiring the landlord’s presence at the signing of the transfer, making the tenant-assignor responsible for the payment of rent if the new tenant is unable to do so, or requiring the landlord’s written authorization to validate the legal acceptance of the transfer procedure. Whatever the number and nature of these clauses, they must be fully respected by the tenant.

In this procedure, the landlord is also entitled to call in a bailiff and to draw up a notarial deed.
In order to increase the chances of obtaining the landlord’s authorization, the tenant must inform the landlord in advance and justify his choice.
It should be noted that the lessor is not able to oppose the transfer if it concerns the commercial lease and the business, if the established commercial activity continues and the same clientele is retained.

As regards the transfer of a residential lease, it should normally be final. Indeed, the law does not allow subletting. However, if the lessor has really notified his agreement, it can take place. Note that this authorization is strictly mandatory.

During a procedure for the transfer of a residential lease that is not final, two essential principles must be respected. The owner’s agreement must be notified in writing, and the rent charged to the sub-tenant must not exceed the amount of the rent fixed in the lease. If this principle is not respected, the landlord is entitled to claim the difference from the tenant.
To formulate his request for authorization to transfer the lease, the tenant must send a letter by registered mail with acknowledgement of receipt, the lessor will then have a period of fifteen days to transmit his answer. If the landlord refuses and the sublease is already in place, the tenant and the subtenant may be evicted from the apartment.

Before any decision is made concerning the transfer of a lease, it is important to review the lease agreement to list any clauses that the landlord has put in place to govern this procedure. Indeed, these terms and conditions can be restrictive and can even block the transfer project in certain cases. Moreover, if a tenant embarks on a transfer procedure without having first consulted his lease or his landlord, the consequences can be disastrous for the tenant who initiated the transfer, but also for the newcomer.
The transfer of a lease is therefore a serious process that requires a certain amount of thought, anticipation and real consideration of the regulations in force.

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