9 October 2026
A French agricultural lease governed by the statutory farming tenancy regime is subject to mandatory rules. A Court of Cassation decision of 2 July 2026 highlights two matters to check before signing or amending such a lease: payments requested at the outset and the allocation of rent.
A security deposit is not permitted
The landlord cannot require a payment intended to secure the tenant’s performance of their obligations, even where the contract promises to return it at the end of the lease. Making the deposit refundable does not make the clause lawful. The tenant may seek repayment of money collected on this basis.
Separate residential and agricultural rent
If the lease includes a dwelling, the rent must distinguish residential buildings from agricultural buildings and bare land. A single undivided rent is unlawful and allows the tenant to seek regularisation. This does not entitle the tenant to stop paying unilaterally: any financial consequences must be established through the appropriate process.
Have the lease and amendments reviewed
Landlords and farming tenants should provide a notary with the lease, its amendments, a description of the property and evidence of payments. Adding residential accommodation during the tenancy calls for a review of the rent clause in particular. Any repayment or regularisation claim must be assessed against the individual facts and applicable time limits.
Source: French Court of Cassation, Third Civil Chamber, 2 July 2026, no. 24-12.681.
Further reading on agricultural property: SAFER powers over agricultural land.
The office gives no contractual guarantee as to the accuracy or currency of this information. Please consult a notary at the office for advice tailored to your circumstances.
