Question 9736 — leases

Summary

The status of the commercial lease is protective of the trader or craftsman tenant. Law No. 2014-826 of June 18, 2014 relating to crafts, commerce and very small businesses introduced several provisions aimed at rebalancing relations between landlords and tenants and promoting the sustainability of local businesses. The evolution of rents for commercial leases and the possibility of transferring certain charges incumbent normally to the lessor towards the tenant have been supervised in a reinforced manner. While the commercial lease has a duration equal to or greater than nine years and can end early by termination at the end of each three-year period, there are more flexible regimes which allow derogation from the status of commercial leases, the short-term lease and the temporary occupation agreement. Law No. 2014-826 of June 18, 2014 aforementioned has made the short-term lease regime more flexible by extending its maximum duration from two to three years. The short-term lease allows the parties to freely organize their rental relations, with the exception of the duration of the lease which cannot exceed three years. The short-term lease is often presented as a “trial lease”. The tenant can thus avoid making a long-term commitment and test the profitability of an activity, this which is of interest, particularly in the current period of uncertainty for trade. Nothing prevents the parties from providing for early termination clauses of the lease depending on certain circumstances. At the expiration of the lease (initial or renewed), the tenant has no right to renewal and must leave the premises without being able to claim any compensation, unless the parties decide to extend the lease beyond the legal period of three years, in which case the new lease is subject to the status of commercial leases. This option allows the parties to transform a probationary period into a lasting period. The temporary occupation agreement also escapes the status of commercial leases. Its duration and term are determined by a cause independent of the sole will of the parties. The tools available to tenants and donors are therefore sufficiently numerous and flexible. This is why the proposal to introduce into the statute of commercial leases a general option for early termination of a lease for economic reasons before the end of the three-year period appears neither necessary nor desirable. This new case of rupture could also be a source of litigation and insecurity in relations between landlords and tenants.

Machine translation from French. The official text remains authoritative.

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