Key legal question
Whether the initial rent of the second tenant was null for lack of official form and had to be fixed by the court.
Extracted holding
The absence of the mandatory official form rendered the contractual rent clause null, but the court could still fix an initial rent based on the circumstances; the fixed amount was not abusive.
Extracted reasoning
For an old building, the hierarchy of absolute criteria is reversed and market rent criteria prevail over a yield calculation. No sufficient comparable elements were produced, so the court could rely on the overall circumstances, including the favorable location and statistical data.