The lessor may object to the right to renew the term or unspecified lease
without paying the eviction allowance in the following cases:
1) If he can establish serious and legitimate grounds for the terminating the outgoing lessee
Such motive shall consist of either the non-observance by the lessee of a substantial obligation
under the lease, or thetermination of the expoitation of the enterprise;
Such motive shall only be invoked if the facts at issue continued or were repeated more than
two months after a formal notice tocease given by the lessor served by a bailiff or by any means
showing actual receipt by the addressee.
2) If he is planning to demolish the building comprising the leased premises for
reconstruction purposes. Thelessormust show probative facts of the nature and description
of the works planned.
The lesseeis entitled to remain in the premises until the beginning of the demolition
works,andhe shall enjoy the right ofprioritytoobtainanewleasein the rebuilt building.
Ifthenewly rebuilt premises are devoted to something other than the activity in the lease at
issue, or if a lease is not offered to the lessee in the new premises, the lessor shall pay the lessee
the eviction allowance as provided in article 126above.
Unofficial translation
Spot-checked
In force from 15 December 2010
Source page 44