DISPUTES IN MANAGED RESIDENCES
AMS Law Firm, based in Lyon, assists landlord-owners who have invested in tourist residences, student residences, senior residences or nursing homes, within a tax relief framework. These programs, initially attractive, generate complex disputes when the operator no longer respects its contractual obligations.
Types of disputes frequently encountered
- Unpaid rents despite contractual guarantees
- Abusive renewal or refusal to renew the commercial lease
- Recovery of possession of the property by the owner
- Insolvency proceedings (restructuring or liquidation of the manager)
- Lease requalification issues or LMNP tax regime problems
The firm intervenes in residences operated by national brands like Pierre & Vacances, Odalys, Goelia, Nemes, etc.
Legal services offered
- Review of the commercial lease and its clauses (term, renewal, indexation, charges)
- Formal notice to the operator for amicable negotiation toward an agreement or lease buyback
- Legal action: claim for judicial termination of the lease or payment of rents
- Representation before competent courts (district court, commercial court)
- Assistance in filing claims in case of operator insolvency
The firm can also group together several investors facing the same operator to pool costs and strengthen procedural strategy.
Support for international investors
- Bilingual support (French / English)
- Detailed explanation of the French legal system (commercial lease, LMNP taxation)
- Remote legal assistance (video conference, electronic signature)
- Direct exchange with notaries, accountants, property managers
Frequently asked questions
Can I exit the commercial lease without penalty?
Early termination depends on the contract terms and the manager's behavior. The judge may authorize judicial termination in case of material breach.
Can I sell my property if the lease is still in effect?
Yes, but this limits the profile of potential buyers. Prior termination of the lease is recommended to facilitate resale.
What should I do if the operator stops paying?
A formal notice must be sent immediately. Legal action can then be initiated to enforce the lease and collect outstanding rents.
What are my rights in case of judicial liquidation of the manager?
You can file your claim and request lease termination. The administrator or liquidator must respect certain obligations toward the landlord.