Business and commercial law

A commercial lease is a contract for the lease of premises in which a business or craft is operated. It may, by express submission to the status of commercial leases, relate to professional activities. Its rules are codified in articles L.145-1 et seq. of the French Commercial Code.
The Commercial Leases Act protects tenants by giving them a form of commercial property. Tenants have the right to renew their leases and are free to assign them to their successors. What's more, while the rent is free when the contract is signed, it is capped when the lease is renewed, and its review during the lease term is strictly regulated.

obliged to
a particular form?



A commercial lease may be concluded by private agreement or by notarial deed. However, in the case of a public house or premises in which the owner's drinks are stored, the notarial form is compulsory to avoid the offence of handling stolen drinks.

The deed must also be notarised for land registration purposes if the lease is for more than twelve years.

01

Verification of the capacity and powers of the signatory parties

02

Terms and conditions for exercising the option

03

control of the property that is the subject of the contract (designation, easements that may encumber it, mortgage situation, origin of ownership, diagnostics)

04

informing the parties of the extent of their rights and commitments, particularly with regard to the activities that may be carried out (whether or not the lease is for a commercial purpose), the cost of bringing the leased premises up to standard, the terms and conditions for transferring the lease, and any subleases, etc.

05

Compliance with commercial planning regulations

06

The amount of the rent and the terms of its review (choice of index, three-yearly review or not)

07

The amount of the rent and the terms of its review (choice of index, three-yearly review or not)

08

Choice of tax system (VAT option or not)

A BILATERAL



A commercial lease is a serious act for both the lessee and the lessor. For the lessor, it defines the scope of his commitments, which can be substantial if they are not limited by agreement, and which determine the value of the property. For the lessee, it is the cornerstone of its commercial operation and its transfer.


The enforceability of the commercial lease is particularly important for the lessor because of the need to be able to act quickly in the event of non-payment. The fact of having such a title is a decisive advantage, as in the case of a privately signed lease, it will be necessary to apply to the court to obtain an enforceable title. Not recommending a notarial deed may even be considered an error of advice.

astreint à 

une forme particulière ?



Un bail commercial peut être conclu par acte sous seing privé ou par acte notarié. Toutefois, s’agissant d’un débit de boisson ou de locaux dans lesquels sont entreposées les boissons du débitant, la forme notariée est obligatoire pour éviter l’infraction de recel de débit de boissons. 

La forme notariée est aussi obligatoire pour les besoins de la publicité foncière si le bail a une durée de plus de douze ans.


Why don't we talk 

ABOUT YOUR NEEDS?

Contact us

HomeCommercial lease