9 years
Minimum duration of the renewed lease (Art. L. 145-12) — parties can agree longer, but not shorter
Same clauses
Renewed lease reproduces the terms of the expired lease — neither party can unilaterally impose new conditions
Rent only
The sole term that changes at renewal — all other clauses carry over automatically (Cass. 3e civ., 15 Apr. 2021)
Two dates
Effective date of the renewed lease and effective date of the new rent are distinct — they do not always coincide

Duration of the Renewed Lease

The renewed lease has a minimum duration of nine years under Article L. 145-12 of the Code de commerce. The parties can agree a longer term but cannot agree a shorter one. Where the expired lease was for a fixed term longer than nine years, renewal does not automatically reproduce that same duration: courts have confirmed that absent an express agreement to renew for a longer period, the new lease runs for nine years only (Cass. 3e civ., 2 October 2002; Cass. 3e civ., 18 June 2013).

This matters practically because a lease renewed for nine years will subsequently be eligible for rent capping at the next renewal, whereas a lease that ran for more than twelve years would not be.

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Warning — The "Reconduction" Trap in Older Leases

Some older leases use the term reconduit at expiry rather than renouvelé. In that context, reconduit means the lease is extended (i.e., its existing term continues), not renewed in the statutory sense. A tenant who reads this as automatic renewal may not realise that the twelve-year clock has kept running under the same lease rather than resetting under a new nine-year term, which can have significant consequences for rent-capping eligibility at the next renewal. Each use of the term requires careful analysis of context.

Effective Date of the Renewed Lease and the New Rent

Two dates govern the start of the renewed relationship: when the new lease begins, and when the new rent starts. These are governed by different rules and do not always coincide.

Standard rule
Effective Date of the Renewed Lease
The renewed lease takes effect from the expiry of the prior lease. More precisely:
  • Following a landlord's notice: begins the day after the last day for which the notice was given
  • Following a tenant's renewal request: begins on the first day of the quarter following the date of the request
  • By agreement: parties may set a different start date, earlier or later
  • Repentance exception (Art. L. 145-58): new lease begins from the date the repentance is notified by bailiff's act — not from the expiry of the original lease
Potential delay
Effective Date of the New Rent (Art. L. 145-11)
The new rent start date is separate from the lease start date. If the landlord fails to state a proposed new rent in the original notice or in a subsequent formal act:
  • New rent only takes effect from the date of the later demand — not from the start of the renewed lease
  • This is a sanction for lack of diligence by the landlord
  • Does not apply where the tenant fails to state a proposed rent in a renewal request that is lower than the current rent
  • Triennial revision clock still runs from the lease renewal date — not from the (later) rent start date (Cass. 3e civ., 8 September 2016)
  • Art. L. 145-11 is not mandatory — parties can contract out of it in the original lease
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Practitioner Note — Repentance and Rent

Where renewal results from the landlord's exercise of the right of repentance under Article L. 145-58, the new lease begins from the date of the repentance notification rather than from the expiry of the original lease. The period between the original refusal and the repentance is treated separately — the tenant receives an occupation indemnity for that interim period, and the repentance start date also affects the starting point for rent capping calculations at the next renewal. See the separate article on the right of repentance for its full consequences.

Clauses and Conditions Carried Over from the Expired Lease

The renewed lease reproduces the clauses and conditions of the expired lease — it is not an opportunity for either party to renegotiate the terms. Neither party can unilaterally impose new conditions on the other (Cass. 3e civ., 17 May 2006). The court has no power to modify the clauses at renewal other than to fix the rent. The April 2021 Court of Cassation ruling (Cass. 3e civ., 15 April 2021, n° 19-24.231) confirmed this principle: the renewed lease is on the same clauses as the expired one, with the rent as the sole exception. A clause inserted by the landlord into the renewal act without specifically drawing the tenant's attention to its insertion is void (CA Versailles, 14 November 1996).

Carries over automatically
Terms That Continue into the Renewed Lease
All clauses from the expired lease are reproduced in the renewed lease — unless one of the exceptions below applies.
  • Permitted use clauses and activity restrictions
  • Works and alteration obligations
  • Assignment and subletting restrictions
  • Charges allocation provisions
  • Indexation clause (carries over; new rent is then index-adjusted during the new term)
  • Break options and notice requirements
  • All other lease terms not listed as exceptions
Does NOT carry over automatically
Terms That Require Express Agreement to Survive
Several categories of clause do not automatically renew and require express provision.
  • Footprint change: if part of the premises was sold to a third party during the term, renewal is limited to the portion where the fonds de commerce is actually operated
  • Pre-emption rights (pacte de préférence): treated as a separate agreement — does not renew with the lease absent an express carry-over clause (Cass. 3e civ., 21 June 2005)
  • Guarantees (caution): do not automatically extend to the renewed lease; the guarantor must participate in the renewal act or the original guarantee must expressly cover renewal
  • New clauses by landlord: any clause inserted without drawing the tenant's specific attention to it is void (CA Versailles, 14 November 1996)
Conditions of the Renewed Lease: Key Points
  • Duration (Art. L. 145-12): nine years minimum — parties can agree longer, not shorter. A lease originally longer than nine years renews for nine years absent an express agreement to the contrary (Cass. 3e civ., 2 Oct. 2002; 18 June 2013). A lease renewed for nine years is capping-eligible at the next renewal; one that ran over twelve years is not.
  • Reconduit vs renouvelé: in older leases, reconduit means extended (the twelve-year clock continues under the same lease), not renewed in the statutory sense. The distinction has significant consequences for capping eligibility at the next renewal.
  • Effective date — standard rule: renewed lease begins from the natural expiry of the prior term. Exception for repentance (Art. L. 145-58): begins from the date of repentance notification by bailiff's act, not from original lease expiry.
  • New rent start date (Art. L. 145-11): if the landlord does not state a proposed rent in the notice or a subsequent formal act (bailiff's act, LRAR, or procedural filing under Art. R. 145-1), the new rent only starts from the later demand. The triennial revision clock still runs from the lease renewal date regardless (Cass. 3e civ., 8 Sept. 2016). Art. L. 145-11 is not mandatory and can be contracted out of.
  • Clause continuity (Cass. 3e civ., 15 Apr. 2021, n° 19-24.231): all prior clauses carry over automatically — the renewed lease is on the same terms as the expired one with the rent as the sole exception. Neither party can unilaterally impose new conditions. Courts cannot modify clauses other than the rent. A clause inserted without drawing the tenant's specific attention is void.
  • Exceptions to continuity: pacte de préférence does not renew absent an express carry-over clause (Cass. 3e civ., 21 June 2005). Guarantee does not extend to the renewed lease unless the guarantor participates in renewal or the original guarantee expressly provides for it. Footprint reduces if part of the premises was sold during the term.
Negotiating or Reviewing a Lease Renewal?

Whether you are approaching the end of a first term and planning the renewal, or reviewing the terms of a lease already renewed, we advise on the conditions that carry over, the new rent procedures, and the strategic implications of the nine-year rule.

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This article is for general information and educational purposes only. It does not constitute legal advice and does not create a lawyer-client relationship. Laws and regulations may have changed since publication. Always seek qualified French legal advice on the conditions of a renewed French commercial lease.