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Legal Newsletter: REAL ESTATE LAW

July 2010 - Real Estate & Property. Legal Developments by Bersay & Associés .

More articles by this firm.

A lessor cannot assert provisions of leases departing from the status of commercial leases so as to defeat the lessee’s commercial property rights

In the case at point, upon the expiration of an initial lease with a term of 23 months entered into with a trading company, a lessor had signed a new lease departing from the rules on commercial leases for a term of 23 months with the majority shareholder of that same company, which continued to operate its business out of the leased premises under the same name. At the end of this second lease, the lessor entered into yet another such lease with the same company with a term of 23 months.

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