Unofficial translaction
consent of the lessor who may oppose such move for solid grounds.
If there is a conflict between the lessor and the lessee, the earliest party shall seize the
competent court.
ARTICLE 114-The lesseeshall be responsible for making repairs for maintenance.
He shall be liable for damage or losses due to a lack of maintenance during the lease.
ARTICLE115–At the time lease ends, the lessee who, for a reason other than the onestipulated
in article 126 hereinafter, fails to vacate the premises against the will of the lessor shall pay an
occupancy fee equal to the rent amount for the duration of the lease, without prejudice to any
damages.
CHAPTER IV: RENT
ARTICLE 116-The parties shall freely determine the rent subject to applicable legislative or
regulatory provisions.
The rent shall be revisable under the conditions set by the parties or, otherwise, upon each
renewal pursuant toarticle 123 hereinafter.
ARTICLE 117– Absent a written agreement between the parties on the new rent, the competent
court, ruling expeditiously, shall be seized by the most diligent party. To set the new rent, the
competent court weighs the following:
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the state of the premises;
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their surface area;
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the state of dilapidation;
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Therent for commercial premises commonly charged in the vicinity for similar
premises.
CHAPTER V: ASSIGNMENT AND SUBLETTING
ARTICLE 118- If the lesseeassigns the leasetogether with the tangible and intangible fixed
asseets related to the enterprise conductedin the leased premises, the lessor shall proceed with
the assignment.
Ifthelesseeassigns only the leasehold, aloneorwithonly partofthe tangible and intangible fixed
asseets related to the enterprise conducted in the leased premisesthe assignment shall be subject
to the agreement of the lessor.
OHADA / Uniform Act / Unofficial Translations
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