Professional lease (bail professionnel)
The bail professionnel (professional lease) is the rental contract entered into for premises used exclusively for a non-commercial professional activity, notably by members of regulated liberal professions (doctors, lawyers, architects, notaries, chartered accountants) or unregulated ones. Governed by article 57 A of the law of 23 December 1986, it is clearly distinct from the bail commercial (commercial lease), which falls under the statute of commercial leases, and from the residential lease. Its minimum term is six years, and the tenant benefits from a right to terminate at any time with six months' notice. 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
Who can enter into a professional lease?
The bail professionnel is reserved for premises used exclusively for a non-commercial professional activity. It is mainly used by regulated liberal professions (doctors, lawyers, architects...) or unregulated ones (consultants, trainers...). Any commercial, artisanal or industrial activity generally falls under the statute of commercial leases.
What is the minimum term of the professional lease?
The minimum term is six years. At its expiry, the lease is tacitly renewed for an identical term, unless notice is given by one of the parties at least six months before the end date. Unlike the commercial lease, the tenant does not benefit from a statutory right to renewal or from an eviction indemnity.
Can the tenant terminate before the end date?
Yes. The tenant may terminate the lease at any time, provided a six-month notice is given, notified by registered letter with acknowledgment of receipt or by bailiff's act. The landlord, however, may only give notice at the expiry of the lease.
Is the professional lease subject to VAT?
In principle, the rental of professional premises is exempt from VAT. However, the landlord may opt to make the rent subject to VAT, which allows them to deduct VAT on works. This option must be exercised with the tax office and expressly mentioned in the lease.
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