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ARTICLE · 19 JANUARY 2018

New Law On Commercial Leases

ELVINGER HOSS PRUSSEN, société anonyme
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On 17 January, the Parliament adopted the Law on commercial leases (the "Law") which modifies significantly the regime applicable to commercial leases.

LuxembourgReal Estate and Construction

On 17  January, the Parliament adopted the Law on commercial leases (the "Law") which modifies significantly the regime applicable to commercial leases. The Law does not apply to office leases or to leases with a duration of 1 year or less.

The Law aims at reinforcing the protection of the tenants by introducing a number of important changes:

  • Prohibition of the payment of a "pas-de-porte": any additional amount to the rent paid to the landlord or to an intermediary as a result of the conclusion of the lease is automatically void;
  • Limitation of the rental guarantee: the rental guarantee shall not exceed 6 months' rent and the tenant may provide a bank guarantee or an insurance;

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