Unofficial translaction
Such motive shall consist of either the non-observance by the lessee of a substantial obligation
under the lease, or thetermination of the expoitation of the enterprise;
Such motive shall only be invoked if the facts at issue continued or were repeated more than
two months after a formal notice tocease given by the lessor served by a bailiff or by any means
showing actual receipt by the addressee.
2) If he is planning to demolish the building comprising the leased premises for
reconstruction purposes. Thelessormust show probative facts of the nature and description
of the works planned.
The lesseeis entitled to remain in the premises until the beginning of the demolition
works,andhe shall enjoy the right ofprioritytoobtainanewleasein the rebuilt building.
Ifthenewly rebuilt premises are devoted to something other than the activity in the lease at
issue, or if a lease is not offered to the lessee in the new premises, the lessor shall pay the lessee
the eviction allowance as provided in article 126above.
ARTICLE128-Thelessor may, withoutpaying the eviction allowance, deny the renewal of the
lease on residential premises accessory to the main premises because he intends to use them
himself or to accommodate his spouse or ascendants, descendants or those of hisspouse.
This right cannot be exercised if the lessee establishes that deprivation of enjoyment of the
accessory residential premises seriously disrupts the enjoyment of the lease on the main
premises, or when the main premises and residential premises form an indivisible whole.
ARTICLE 129-The new lease shall take effect from the expiration of the previous lease where
it is a term lease, or from the date on which the notice of vacancy was given where the previous
lease was for an indefinite term.
ARTICLE 130- The sub-lessee may request the principal lessee to renewhis leasethe extent of
the rights granted by the person legally or contractually entitled to lease the premises. Such
right shall be subject to the provisions of articles 118 to 122 of this uniform Act.
Renewal of the sublet must be communicated to the lessor under the same conditions as the
initialauthorization request for the sublet.
ARTICLE 131-The lessee, deprived of the right to renew, irrespective of the reason, may be
recover the value ofworks and improvements he made on the premises with the lessor’s
permission.
Absent an agreement between the parties, the lessee may seize the competent court upon the
expiry of the fixed term of the non-renewedlease, or upon receipt of the notice of vacancy ofthe
indefinite term lease.
OHADA / Uniform Act / Unofficial Translations
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