What are the main default clauses in a lease? | ScriptaLegal
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Frequently asked questions > Commercial lease > Writing of the lease > What are the main default clauses in a lease?

What are the main default clauses in a lease?

It would be too long to draw up an exhaustive list of the various clauses for which the lessor could terminate the lease in case of default of the lessee. For information purposes, here are the usual default clauses which we find in a lease.

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So, the lease could come to an end if the lessee:

  • assigns his property in favor of the creditor within the framework of an application for a bankruptcy order;
  • liquidates voluntarily his property;
  • transfers all of his property to another person;
  • abandons the premises before the expiration of the lease and that, without the authorization of the lessor or following a judgment rendered against the lessee;
  • by his actions ensures that the insurance policy of the building is cancelled;
  • does not respect one or several conditions of the lease;
  • changes the destination of the leased premises;
  • transfers the ownership of his business or assigns his rights in the lease without the written authorization of the lessor.

As for the lessee, he could end the lease, if the lessor:

  • does not give him a peaceful enjoyment of the premises;
  • does not supply the required services according to the terms of the lease;
  • refuses to repair the building;
  • does not remedy to the construction defects or the latent defects resulting in a restricted use of the premises.

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