According to the provisions of art. 6851 of the Civil Code, the Lessor may increase rent by giving at least a one-month rent increase notice, at the end of a calendar month. The provisions apply to contracts concluded both for a defined and undefined period. The term used in the contract to describe the rent, i.e. fixed rent or rent as a percentage of sales, is of no major importance here – we can read in the e-book prepared by the lawyers of Causa Finita Commercial Real Estate Law Firm.
The lessor cannot increase the rent at his full discretion. The legal definition of rent is "an essential aspect of the Lease Contract” and, in the absence of the lessee's consent to the new rent, the contract of lease is terminated. The lessee will probably question the rent increase by referring to the lessor's abuse of his right to provide notice of a rent increase or by claiming that the increase is groundless.
However, it is generally possible to issue a rent increase notice. Neverth
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