French Commercial code
In forceThe lessor may refuse to renew the lease exclusively in respect of the part concerning the residential premises ancillary to the commercial premises in order to live in them himself or have them lived in by his spouse, ascendants, descendants or those of his spouse, provided that the beneficiary of the repossession does not have a dwelling corresponding to his normal needs and those of the members of his family habitually living or domiciled with him.
However, repossession under the above conditions may not be exercised on premises used for hotel or furnished rental purposes, or on premises used for hospital or educational purposes.
Similarly, repossession may not be exercised when the tenant establishes that the deprivation of enjoyment of the residential premises causes a serious disturbance to the operation of the business or when the business premises and the residential premises form an indivisible whole.
Where the property has been acquired for valuable consideration, the lessor may only benefit from the provisions of this article if his deed of acquisition is of a date certain more than six years prior to the refusal to renew.
The beneficiary of the right to repossess is obliged to make available to the lessee whose premises he is repossessing, the accommodation which, where applicable, could be made vacant by the exercise of this right.
In the case of a partial repossession provided for in this article, the rent for the renewed lease shall take into account the harm caused to the tenant or his successor in title in carrying on his business.
Unless there is a legitimate reason, the beneficiary of the repossession must personally occupy the premises within six months of the evicted tenant's departure and for a minimum period of six years, failing which the evicted tenant is entitled to eviction compensation commensurate with the size of the premises repossessed.
