Tenants in a commercial lease

Tenants in a commercial lease

"A friend and I have been renting premises together for a number of years, in which we run our business. If my friend decides to leave, do I have to pay the rent on my own, and what would happen if I could no longer pay it?

Martin, Perly

The tenant's main obligation to the landlord is to pay the agreed rent. In the case of a shared tenancy, the tenants are jointly and severally liable for the rent, meaning that each of them may be required to pay the rent in full. A flatmate who leaves the premises during the term of the lease remains jointly and severally liable for the rent, unless otherwise agreed in writing by the landlord, who may, at his discretion, require all or any of the flatmates to fulfil all or part of their obligations. It should be noted that any tenant who pays more than his share has recourse against the other tenants for the excess.

Where co-tenants rent commercial premises, one of the co-tenants may transfer the lease to the remaining co-tenant, while remaining bound by the lease until the expiry date for which it could be terminated or until the fixed term of the contract, but for a maximum of two years from the date on which the transfer takes effect. It should be noted that this transfer can only be refused for just reasons, i.e. for circumstances that do not allow the tenant to be forced into a contractual relationship with the remaining co-tenant.

It should also be noted that the lessor of commercial premises has a right of retention over the furniture in the rented premises, which is used either for the fitting out or the use of the premises. This right guarantees the rent for the past year and the current half-year. There must be a relationship of some stability between the premises and the objects therein. Goods that could not be seized under debt collection law, such as items essential to the tenant's profession or items reserved for his personal use, are excluded from the right of retention. Furniture belonging to third parties may not be subject to the right of retention if the lessor knew or should have known that it was not the property of the lessee. The same applies to items lost or stolen by their owner.

If you were no longer able to pay the rent yourself, the landlord could exercise his right of retention, taking legal action against you, calling in the release of your bank guarantee or going after your former flatmate.