The State drops ballast on professional rents

The government is suspending the prosecution of creditors for the rents and rental charges of businesses affected by the closure measures.

Companies whose activity has been affected by an administrative police measure (curfew, closure or regulation of public reception) benefit from a measure suspending the prosecution of creditors for rents and rental charges, relating to premises in which the affected activity is carried out.

The measure relates to the rents due for the period of the administrative police measure. This protection applies retroactively from October 17, 2020 and ends two months after the end of the administrative police measure.

No enforcement procedure, no penalties

Other conditions must be specified by decree (number of employees; turnover, level of loss of turnover, etc.). Thus, during a period ending two months after the end of the administrative police measure, the tenant company cannot be the subject of a forced execution procedure (seizure in particular), nor be subject to penalties, interest, or sanction for default or late payment of rents and charges.

The lessor cannot put into effect the sureties guaranteeing the payment (surety, pledge, pledge, etc.), nor practice any precautionary measure (seizure, pledge, mortgage). Cancellation clauses are deemed unwritten. Enforcement proceedings initiated before October 17, 2020 are suspended until the end of the protection period. However, no suspension of proceedings already initiated is foreseen for the guarantors.

Law 2020-1379 of November 14, 2020

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