To terminate the automatic renewal of a commercial lease without paying eviction compensation due to non-payment or partial payment of rent by the Leaseback Management Company (your “tenant”), the following procedure must be strictly observed:

1. Initial Notice by Bailiff (Commissaire de Justice):
   You must first serve an official notice through a bailiff, clearly outlining the breaches (e.g., non-payment or incomplete payment of rent) and demanding that the Management Company fully cures these breaches.
2. One-Month Cure Period:
   From the date the notice is served, the Management Company has exactly one month to fully rectify the breaches indicated in the notice.
3. Final Notice by Bailiff:
   If the Management Company fails to fully cure the breach within the one-month period, a final notice confirming lease termination must be served by bailiff, providing a six-month notice period ending on the last day of the relevant calendar quarter.

Important Considerations:

• The rent must be paid in full each term.
• The management company cannot take any money out of the rent unless you clearly agree to it in writing beforehand.
• If they deduct money without your approval (for example, to cover furniture replacements or repairs), you have valid grounds to terminate the lease without paying eviction compensation.

In defending against a repossession lawsuit initiated by a French bank, the following key claims should be asserted:

1. Compliance with EU Regulation (EU) 2020/1784 (Service of Process):
   • The bank must strictly adhere to the EU Regulation governing the service of judicial and extrajudicial documents across Member States.
   • In the post-Brexit UK context, the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters similarly applies.
   • The bank must provide official proof (attestation) from the competent local authority confirming that the defendant has been properly and effectively served at their residence.
   • If the bank fails to demonstrate this compliance clearly, the repossession lawsuit must be dismissed.
2. Claims of Fraud and Mis-Selling:
   • The defendant should argue that fraud and misrepresentation occurred involving the leaseback developer, their agent, the notaire, the Leaseback Management Company, and the financing bank.
   • These deceptive practices result in the absence of informed consent, making the mortgage loan and associated contracts legally null and voidable.

   • Such claims, if successfully demonstrated, invalidate the entire contractual arrangement and serve as a strong defense against repossession.

1. Misconduct by the Syndic (Property Manager)

• Lack of Financial Transparency: Failure to clearly report financial activities or provide accurate accounts.
• Unilateral Decisions: Making significant decisions without consulting or gaining approval from property owners.
• Favoritism: Preferential treatment of certain suppliers, contractors, or individuals.
• Improper Handling of Funds: Mismanagement or misuse of collected fees and property funds.
• Negligent Maintenance: Failure to adequately maintain property facilities, resulting in deterioration or damage.
• Failure to Comply with Legal and Regulatory Requirements: Ignoring legal obligations and regulations governing property management.
• Poor Communication: Not keeping owners sufficiently informed of decisions, developments, or issues.
• Overcharging: Inflating fees or imposing unnecessary additional costs on property owners.

2. How to Stand Up Against Syndic Misconduct?

• Request detailed documentation and clear explanations for disputed actions or decisions.
• Formally raise your concerns at general meetings or through registered letters.
• Rally support from other affected property owners to present a united front.
• Consider legal avenues if informal approaches fail, consider filing legal actions.