
Eviction compensation in commercial leases: Tenant protection or legal mirage in Luxembourg?
Eviction compensation in commercial leases is a protective mechanism for tenants, but its contours remain unclear in Luxembourg. Under the law of February 3, 2018, a lessor who refuses to renew a commercial lease after at least nine years of occupancy, without invoking any legal grounds, must pay an eviction indemnity to the lessee. However, the lack of precision in the calculation of this indemnity and the wide margins of interpretation left to the parties raise uncertainties. What's more, the legal grounds for avoiding this indemnity, such as personal need or conversion of the property, remain relatively easy to invoke. So, while this indemnity may appear to strengthen the rights of merchants, it could in fact prove to be an illusory protection, depending largely on future case law.