Commercial lease 3-6-9 (bail commercial)
The bail commercial (commercial lease), known as the "3-6-9", is the rental contract entered into for operating a commercial or artisanal business (fonds de commerce) in a property. Governed by the statute of commercial leases (statut des baux commerciaux) derived from articles L145-1 et seq. of the Code de commerce (French commercial code), it grants the tenant a right to renewal at the end of the contractual period, in exchange for a minimum nine-year commitment. The triennial termination option allows each party, under legal conditions, to end the lease every three years. Rent revision follows the commercial rent index (ILC) published by INSEE, ensuring a controlled evolution. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The landlord
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Frequently asked questions
What is the minimum term of a commercial lease?
The commercial lease must be entered into for a term of at least nine years (art. L145-4 of the Code de commerce). However, each party may terminate the contract at the end of each triennial period, provided a six-month notice is given by extrajudicial act.
Does the tenant have a right to renewal?
Yes. At the expiry of the lease, a tenant who effectively operates a business (fonds de commerce) on the leased premises benefits from a right to renewal. If the landlord refuses renewal without serious and legitimate grounds, they must pay the tenant an eviction indemnity (indemnite d'eviction).
How is the rent revised during the lease?
Statutory rent revision takes place every three years, at the request of either party, by reference to the commercial rent index (ILC) published quarterly by INSEE. The increase is capped at the variation of the ILC over the elapsed period.
Who bears the charges and works?
The decree of 3 November 2014 governs the allocation of charges (charges) between landlord and tenant. Certain charges remain the landlord's exclusive responsibility (major works under article 606 of the Code civil (French civil code), compliance works, property tax except in specified cases). The lease must include an exhaustive list of the charges allocated to the tenant.
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