RESILIATION ET RENOUVELLEMENT DU BAIL CONCLU AVEC PLUS D'UN LOCATAIRE: LE DIFFICILE MENAGE A TROIS
AbstractThe author examines the main problems that arise when a lease involves two or more lessees, instead of only one, be the lease commercial, residential or, of some other type. Regarding the sanctions of a breach, two major points must be addressed: first each lessee's right to the enjoyment of the premises is indivisible and, secondly, the lessees respective obligation to pay the rent-a more controversial issue-is divisible unless there is a clause to the contrary. Plurality of lessees also causes problems upon termination and renewal of the lease when one lessee wants to remain in the premises and the other does not. The author proposes solutions to the problems that arise from this situation by referring to the principles applicable in this area, namely the binding force of contracts, freedom of contract and, in the case of a lease of a dwelling, the right to remain in the premises. Thus, at the end of the lease, if one lessee leaves the premises and the co-lessee wants to stay, the lease will be renewed automatically for the co-lessee if it is a residential lease and he has fulfilled all conditions required by law; in any other type of lease, the contract will be renewed only with the express or tacit consent of the lessor.
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