프랑스법상 임차인의 용법준수의무

Abstract

In France it is usual for flats to be available for both residential and professional use, the latter use is not permitted where the réglement limits the user to habitation bourgeoise exclusively. This does not apply if the user is bourgeoise simple when, as is of the case, the block will house the offices of doctors, dentists, lawyers and other professional people in addition to flats in private occupation. Accoriding to the Loi Alur, housing tenants are obliged to use the demised premises reasonably, that is to say to respect the user authorised by the lease and not to cause any annoyance or inconvenience to other occupants of the building or to the neighborhood. The business lease may prescribe a single user or it may permit any business to be carried on upon the premises. The former type is known as a bail exclusif, the latter as a bail tous commerces. Not to be confused with the former in the lease any adjoining premises for any business carried on by the lesse. Even without such a covenant on the part of a lessor, it has been held to be a breach of his covenant in favour of on lessee for quiet enjoyment to let premiese in the same building to another tenant for a competitive business. C.comm.art.145-47 says that ‘a lessee may exercise in addtion to the user permitted in his lease any use which is ancillary or complementary thereto.’A business lessee who wishes to extend or vary his user covenant may do so by resorting to a procedure wich is known as déspécialisation partielle if it relates to the addition of users wich are complementary to that permitted by his lease. The lessor has the right to apply to the Court under C.civ.art.1741 for a lease to be determend on the grounds that the tenant has failed to comply with his obligation. The article leaves it to the discretion of the Court to decide if the matter complained of is of ‘a sufficient gravity’ to merit the determination of the lease. A lease may contain a re-entry provision on failure to observe the user covenant. Such a provision, however, takes effect only after a commandement. Failure within due time on the part of the lessee to cease his wrongs allows the lessor to issue proceedings for forfeiture.