5 June 2026
France’s 2026 commercial lease reform places tighter limits on certain guarantees that landlords may request from tenants. Against this background, executing a commercial lease as a notarised deed can provide practical additional security for both parties.
Greater limits on lease guarantees
For premises used in particular for retail, wholesale, craft or commercial service activities, sums, undertakings and guarantees securing performance of the lease may not, in the situations covered by the legislation, exceed the equivalent of one quarter’s rent.
If the leased property is sold or gifted, responsibility for returning the cash deposit passes to the new owner. Certain other guarantees also lapse when ownership changes. These rules materially affect the protection previously available to landlords against non-payment.
Why consider a notarised lease?
A French notarised deed can constitute an enforceable instrument. Where the debt is certain, quantified and due, the landlord may use the enforcement measures allowed by law without first obtaining a court judgment ordering the tenant to pay. This may, for example, facilitate seizure of funds held in a bank account.
Subject to the statutory conditions, an enforceable instrument may also make it easier to take protective measures intended to preserve recovery prospects. It does not, however, guarantee the tenant’s solvency or the outcome of every procedure; each case requires individual assessment.
What if the lease has already been signed?
With the parties’ agreement and appearance before the notary, a privately signed lease may be restated as an authentic instrument or deposited in the notary’s records with formal acknowledgement of the signatures and handwriting. The notary then reviews the contractual terms and advises the parties on their effect.
The cap on certain guarantees applies to leases entered into or renewed from the promulgation of the Act of 26 May 2026. The rules under which guarantees lapse following a transfer of ownership apply to transfers taking place three months after promulgation.
Further information: Article 62 of the Act of 26 May 2026 and Article L. 145-40 of the French Commercial Code.
Photo: Dimmis Vart / Unsplash.
Further reading : French Commercial Leases: What the 2026 Reform Changes for Rent and Guarantees.
The office does not contractually guarantee the accuracy or currency of this information. Please consult one of the office’s notaries to assess how it applies to your circumstances.
