Au terme du bail commercial, il est possible de le renouveler de plusieurs manières.
Dans cet article, MGLJ vous explique comment renouveler votre bail commercial.
Qu’est-ce-qu’un bail commercial ?
Le bail commercial est un contrat de location d’un local dans lequel est exercée une activité commerciale, industrielle ou artisanale. La durée minimale d’un bail commercial est de 9 ans, mais ce dernier peut être renouvelé à la demande du client. Cependant, le renouvellement n’est pas automatique et doit suivre une procédure bien précise. Voyons en quoi elle consiste.
Comment renouveler son bail commercial ?
La demande de renouvellement d’un bail commercial s’effectue par acte d’huissier de justice délivré au propriétaire du local avec un préavis de 6 mois précédent la fin du bail. Pour ce faire, le locataire doit impérativement être propriétaire du fonds de commerce et être immatriculé au registre du commerce et des sociétés, ou au répertoire des métiers.
Plusieurs situations se présentent alors :
Le bailleur accepte le renouvellement du bail
Il doit faire connaître sa décision au locataire dans les 3 mois suivant la réception de la lettre recommandée ou de l’acte d’huissier. Dans le cas contraire, on considère automatiquement qu’il a accepté la demande de renouvellement. Il n’a pas besoin d’une réponse écrite et formelle signifiant l’acceptation de renouvellement, un accord oral étant suffisant. Il peut cependant souhaiter modifier les termes du bail (loyer, charges, etc.) et doit alors passer par un huissier de justice pour faire la réponse à la demande du locataire.
Le bailleur refuse le renouvellement du bail
Dans ce cas, le bailleur doit notifier le locataire par acte d’huissier de justice et préciser les motifs de son refus (il doit pouvoir justifier des motifs graves et légitimes).
Les parties ne se manifestent pas en fin de bail
On se trouve alors en présence d’un accord tacite de prolongation. En effet, lorsqu’aucune des deux parties prenantes ne se manifeste dans les 6 mois précédent la fin du bail commercial, on considère que le contrat se poursuit à durée indéterminée. Il n’y a pas besoin de former un nouveau bail puisque les clauses prévues lors de la signature du bail initial continuent de s’appliquer. Cependant, une révision triennale du loyer peut être considérée par une des deux parties prenantes.
En effet, tous les 3 ans, le bailleur ou le locataire peuvent demander à réviser le loyer du bail, en fonction des indices trimestriels de référence publiés par l’INSEE. Sachez cependant que toute hausse, ou baisse du loyer, est plafonnée à la variation de l’indice trimestriel de référence considéré.
Il est important de signaler également que si le bail atteint 12 ans, le déplafonnement du loyer est acquis et le loyer peut donc être fixé à la valeur locative qui est souvent bien supérieure au loyer plafonné à la variation des indices.
Ainsi, pour savoir quand et comment justifier une demande de révision triennale du loyer, MGLJ vous accompagne dans vos démarches de renouvellement de bail, de résiliation de bail mais également dans le cadre de vos demandes de modifications des conditions de bail et vous aide à gérer vos locaux,
Poursuivez votre lecture avec notre article “Résiliation d’un bail commercial : tout savoir sur la procédure à suivre”.
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