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Containment: not paying rent, it is possible for some traders

2020-05-05T19:12:02.177Z


During the Covid-19 epidemic, shops closed may benefit from a deferral or even cancellation of rent.


"It's a real relief! How do you want a company like ours, closed for a month, to pay more than 2300 euros in rent? "Mohammed Amrani, head of the ready-to-wear store" L'Appart ", located in the city center of Rouen (Seine-Maritime), has just learned that the owner of his premises agreed to freeze at least temporarily his rent, during this Covid-19 epidemic.

It must be said that the closure since March 15 of all these stores not essential to the life of the country already weighs too heavily in the cash of these establishments to the point of threatening the future of tens of thousands of them in France. For these traders, rents are among the most difficult items to bear, since they represent up to 20% of their turnover… while they are closed.

This important news should therefore at least relieve them: those whose turnover does not exceed 1 million euros who employs less than 11 employees and who lose more than 50% of their turnover since confinement, can today to suspend, without risk, the payment of their rents.

For Me Stéphane Pieuchot, lawyer specializing in commercial law in Caen (Calvados), “it's the least of things. For a reason beyond their control, traders rent premises that they can absolutely no longer operate. In many cases, we can even go further: the law offers the possibility of a suspension of the execution of the payment of the rents which can be assimilated to a temporary deductible ”.

In other words, a cancellation of rents, the time of confinement! The Minister of the Economy, Bruno Le Maire, himself goes in this direction by solemnly asking the big landlord landlords "not to collect rents from very small businesses for three months".

Legal proceedings

The prospect of such smoothing, or even a total cancellation of rents, corresponding to the emergency period, is obviously more than expected by the profession. Just a few days ago, more than 200 French clothing brands came together to launch a rare joint appeal in this sector.

"How could our businesses regularize their rent if we can't open our doors? It is simply for us to call on donors to take part in the collective effort in this terrible crisis that strikes us. It is nothing but a gesture of solidarity that we ask for. The survival of 50,000 of our businesses and 400,000 jobs is at stake! Explains one of the signatory officers.

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An appeal that public and private landlords have already heard, by agreeing in many cases to discuss rent adjustments, or even to grant spontaneous exemptions. “Others, alas, have categorically refused us any form of negotiation. In these cases, we clearly plan to initiate proceedings against them. We will do it as soon as things are back to normal, ”concludes Me Pieuchot.

Source: leparis

All business articles on 2020-05-05

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