Our practical sheets

Our practical sheets

The professional lease

Location information

Do you work in a liberal profession?
Do you own professional premises that you rent to a liberal profession?

The professional lease, governed by articles 57A and 57B of the law of December 23, 1986, corresponds to your situation.

Note: a tenant who is authorized to carry out his professional activity in the premises where he lives benefits from a mixed professional and principal residence lease(Sheet 20-1 : Renting an unfurnished property).

For premises used exclusively for professional purposes, the lease must be concluded in writing for a period of at least 6 years. It must be accompanied by certain diagnostics(Fact Sheet 10-2 : Mandatory diagnostics for rentals). It is tacitly renewed for 6 years.
For leases entered into after June 20, 2014, an inventory of fixtures at the beginning and end of the lease must be drawn up, either jointly and amicably, or by a bailiff, at a cost shared equally between the lessor and the lessee.

If the lease was concluded before June 20, 2014, an inventory of fixtures at the end of the lease must be established, if an inventory of fixtures at the beginning of the lease had been carried out.

The tenant can give notice, at any time, by respecting a notice period of 6 months. The landlord, on the other hand, can only give notice for the end of the lease, respecting the same 6-month notice period.
Notices of termination must be given by registered letter with acknowledgement of receipt or notified by bailiff.

It is useful to draft precisely the clauses of the lease relating to charges and rental repairs. Indeed, the law does not provide for a list of recoverable expenses or rental repairs for professional leases.

Note: it is possible to voluntarily submit to the status of commercial leases(Sheet 20-5: Commercial Leases). The lease must indicate this precisely.