Unofficial translaction
lease.
No stipulation to the contract may override the right to renew.
In the event of express or tacit renewal, the lease is concluded for a minimum period of three
years.
If renewed for an unspecified period, the parties shall provide for a notice period of vacancy
which cannot be less thansix months.
ARTICLE 124- In case of a lease with a fixed term, the lessee, entitled to renew the lease
under Article 123 above, may request the renewal through a notice served by a bailifforbyany
means showing actual receipt by the addressee, no later thanthreemonthsbefore the expiration
date ofthe lease.
Alesseethat fails to give the renewal notice within the prescribed period, shall forfeit the right to
renew the lease.
When thelessorfails to respond to the renewal request within one month before the end of the
lease, he shall be deemed to have accepted the principle of renewal of suchlease.
ARTICLE 125-In case of an lease for an indefinite term, any party who intends to terminate
the agreement must give notice served by a bailiff or by any means showing actual receipt by
the addressee at least six months in advance.
The lessee, entitled to renew the lease pursuant to article 123 above, may object to the
termination, no later than the effective date thereof, by sending notice of objection served by a
bailiff orby any means showing actual receipt by the addressee.
Absent an objection served within this time limit, the unspecified lease shall terminate on the
date set in the notice of surrender.
ARTICLE 126-The lessor may object to the right to renew a fixed term or indefinite termlease
by paying an eviction allowance.
In the absence of agreement on the amount of such allowance, it shall be set by the competent
court taking into account the lesseesturnover, investments made by the lessee, the geographical
location of the premise and moving expenses due to the denial to renew.
ARTICLE 127-The lessor may object to the right to renew the term or unspecified lease
without paying the eviction allowance in the following cases:
1) If he can establish serious and legitimate grounds for the terminating the outgoing lessee
OHADA / Uniform Act / Unofficial Translations
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