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indemnite d'occupation

English translation: occupation rent

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:indemnite d'occupation
English translation:occupation rent
Entered by: mwatchorn
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13:45 Dec 6, 2004
French to English translations [PRO]
Law/Patents - Law: Contract(s) / commercial lease
French term or phrase: indemnite d'occupation
Le Preneur que, sans accord écrit exprès et préalable du Bailleur, ni bénéfice du droit au maintien dans les lieux, ne restitue pas les locaux loués après cessation de la location, quitte les lieux sans restituer les clés ou sans les débarasser, est redevable d'une indemmité d'occupation en sus des charges
mwatchorn
Local time: 11:06
occupation rent
Explanation:
Hello Miriam.

In case you want an alternative to Bourth's feudal 'mesne profit(s)', I thought I would let you know that 'occupation rent' is now in widespread use also (in UK that is).
Selected response from:

Charlotte Allen
United Kingdom
Local time: 11:06
Grading comment
Thanks to all, in particular Bourth who provided so much useful information. Unfortunately, I couldn't split the points so I had to give them for the translation I eventually went for.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4Heinz mesnes besnesxxxBourth
5 +1occupation rent
Charlotte Allen
4 +1occupancy compensation (penalty)Connor


Discussion entries: 5





  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
occupancy compensation (penalty)


Explanation:
I prefer penalty but compensation is the translation of "indemnité".
This proposal is based on the 'keep it simple' principle and fits in given the surrounding context.

Connor
Local time: 12:06
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
agree  Charlie Bavington: I quite like the "occupancy penalty", given what I just commented to Alex.
4 mins
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
occupation rent


Explanation:
Hello Miriam.

In case you want an alternative to Bourth's feudal 'mesne profit(s)', I thought I would let you know that 'occupation rent' is now in widespread use also (in UK that is).


    Reference: http://www.guildhallchambers.co.uk/Resources/Merc_ProfNeg_Se...
Charlotte Allen
United Kingdom
Local time: 11:06
Specializes in field
Native speaker of: English
PRO pts in category: 90
Grading comment
Thanks to all, in particular Bourth who provided so much useful information. Unfortunately, I couldn't split the points so I had to give them for the translation I eventually went for.

Peer comments on this answer (and responses from the answerer)
agree  xxxBourth: Degradation of the once-noble language. Yours, Disgruntled (Henley on Thames)
5 hrs

agree  JackieMcC: yes, the "plain English" option!
14 hrs

disagree  pasc: I read that occupation was for activities and occupancy is for premises. Isn't that so ?
1156 days
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8 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
Heinz mesnes besnes


Explanation:
mesne - Intermediate. In feudal England, a landlord was described as a mesne landlord [not to be confused with a mean landlord] if he rented property from a superior landlord (such as the Crown) and then let it out to a tenant.
If a tenant [aka a mean tenant] remains on the premises of a landlord after the tenancy has terminated the landlord is entitled to sue for damages. The minimum sum of money which may be recovered is equivalent to the rent he would have received if the tenancy had continued, but is called "MESNE PROFIT" rather than "rent".
[Harrap's Dict. of Law & Society]

--------------------------------------------------
Note added at 11 hrs 40 mins (2004-12-07 01:26:14 GMT)
--------------------------------------------------

To my too-numerous detractors:
You will find a rent and mesne profits calculator dated 19th April 2002 written by a legal firm athttp://www.newsquarechambers.co.uk/rentcalculatorv101.htm
However, they ARE \"square\" barristers
[New Square Barristers Chambers, 12 New Square, Lincoln\'s Inn, London WC2A 3SW, England]


--------------------------------------------------
Note added at 1 day 44 mins (2004-12-07 14:30:11 GMT)
--------------------------------------------------

There may well be another les \"legalese\" term (\"damages for use and occupancy\", as below?), but mesne profits is not unAmerican:

Form of declaration.
\"The State of MISSISSIPPI In the circuit court ____term,
County of _______ A.D. ____
\"A B, plaintiff, claims the right to possession of a tract of land, situated in ---- County, containing ---- acres, more or less, and being more particularly described as follows: (here insert legal description of premises); and that the defendant wrongfully deprives him of the possession thereof, for which damage in the amount of ---- Dollars are here demanded. \"E F, Attorney for Plaintiff.\"
If MESNE PROFITS be demanded, add to the above form the following:
\"And the plaintiff also demands of the defendant the sum of ---- Dollars for the ***use and occupation*** of the said land by the defendant.
[http://www.USLEGALFORMS.com/lawdigest/landlord-tenant-act.ph...]

On February 16, 1906, J. A. Powers and A. H. Brown, plaintiffs in error, plaintiffs below, sued B. F. Van Dyke, Rose Monlinari, and James A. Maxey, defendants in error, defendants below, in the district court of Greer county, in ejectment to recover possession of the S. W. 1/4 of section 21 in township 5 N. of range 20 W. of the Indian Meridian, containing 160 acres, and lots 4 and 5, S. W. 1/4 of the N.E. and the N.W. 1/4 of the S. E. 1/4 of section 21, township 5 N. of range 20 W. of the Indian Meridian, containing 143.05 acres, and for the MESNE PROFITS. They deraigned their title (1) to the first tract, by patent from the UNITED STATES to George W. Benton, dated April 18, 1902, duly recorded; (2) to the second tract, by patent from the United States to George W. Benton, dated July 18, 1903, duly recorded;
[http://www.oscn.net/applications/oscn/DeliverDocument.asp?ci...]

§ 24.008. EFFECT ON OTHER ACTIONS. An eviction suit does not bar a suit for trespass, damages, waste, rent, or MESNE PROFITS.

Acts 1983, 68th Leg., p. 3516, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Aug. 26,
1985; Acts 1997, 75th Leg., ch. 1205, § 6, eff. Sept. 1, 1997.
[http://www.legaltips.org/TEXAS/PR/pr.004.00.000024.00.aspx]

John L. Tillinghast

1. Treatise on the Principles and Practice of the Action of Ejectment, and the Resulting Action for MESNE PROFITS
ISBN: 0837719135 - Hardcover - List Price: $127.50
Publisher: William Hein and Co - Published Date: 05/01/1997 - Hardcover
Author: Thomas W. Clerke
Author: William Hogan
Author: John L. Tillinghast
Author: John Adams
[http://www.addall.com/author/3077083-1]


xxxBourth
Local time: 12:06
Native speaker of: Native in EnglishEnglish
PRO pts in category: 413

Peer comments on this answer (and responses from the answerer)
agree  cjohnstone: ouaf ouaf super reminder!!!
1 hr

neutral  Connor: besnes besnes gud for yer 'art, the more you eat, the more hot air you produce...
3 hrs
  -> Oi, you! Watcher in sin your rating?

agree  Charlie Bavington: Mighty impressive! Just one niggle - I would guess that an educated Fr speaker such as might sign a lease could prob'ly guess what an "indem. d'occ." is - d'y think same applies to an educated Eng speaker? Maybe too bad, it IS a lease, after all....
3 hrs
  -> They can pay a lawyer to find out.

agree  Charlotte Allen: Once I understood your answer, I fully agreed with it. But see my alternative (21st century) response below.
5 hrs

agree  Assimina Vavoula
5 hrs
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