French Law: Commercial Lease Renewal Procedure
The foregoing is not intended to be exhaustive and for specific information on questions flowing from lease renewal
procedure, please click here
The main point to retain is that the procedure for the renewal of a French commercial lease is very formal and that
failure to comply with its precise provisions can often have expensive consequences for the party concerned.
Thus, and for example, if the tenant seeks renewal, he would be well advised to take legal advice and at the very least
to instruct a Huissier de Justice to serve the requisite documents.
If the Landlord responds that he agrees to renew at the same rent or does not respond at all, then the Tenant need take no
It is only in the event of a response and consequent dispute relating to an increase in the rental amount that the Courts would become involved.
From the Landlord's perspective, were he to offer a renewal, the sole contentious issue which may be brought before the
Court is that of fixing the rental amount and the Court cannot be seized of the other terms and conditions of the renewed
From both parties' point of view, care in drafting the content of the notice and other documents as well as compliance
with the time frame are vital and the sanction is that the whole procedure could be declared null and void if this were
not the case.
It is also important to note that there is a time bar and that the Court must be seized of any such dispute within 2
years of the factor which gives rise to the litigation.
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Triplet & Associés – XI.IV.MMII