French Commercial Lease 3-6-9 (Bail Commercial) Template 2026
French 3-6-9 commercial lease template compliant with Commercial Code art. L145-1 et seq., adaptable by business type, rent, and special clauses.
What is the minimum term, and what does '3-6-9' actually mean?
The minimum term is nine years — a mandatory public-policy rule (ordre public) that no clause can override. The nickname '3-6-9' refers to the three successive three-year periods that make up the lease. At year 3 and year 6, the tenant may serve a break notice; only the landlord remains locked in for the full nine years. A short-form alternative, the bail dérogatoire (derogatory lease), is permitted for a maximum of three years under Article L145-5, but must not be converted into or renewed as a statutory commercial lease beyond that limit.
Source: Légifrance — Code de commerce, Chapter V: Status of Commercial Leases (Art. L145-1 et seq.) · updated 2026
About this form
The French commercial lease known as the *bail commercial* "3-6-9" is governed by Articles L145-1 et seq. of the *Code de commerce* (Commercial Code), as reformed by the *loi Pinel* (Act no. 2014-626 of 18 June 2014). The "3-6-9" label refers to the three break points — years 3, 6, and 9 — at which the tenant may exit the lease by giving six months' notice. The minimum term is nine years, set by mandatory public-policy rules (*ordre public*): no clause can shorten it, except for a short-form *bail dérogatoire* (derogatory lease) of up to three years (Art. L145-5). At expiry the tenant holds a statutory right to renewal; if the landlord refuses without a serious and legitimate ground, the landlord must pay an *indemnité d'éviction* (eviction indemnity) under Article L145-14. Since 2014, a written schedule of condition (*état des lieux*) and a mandatory itemised charge schedule (*inventaire limitatif des charges*) are compulsory at both entry and exit.
Worked example
Atelier Lumière, a joinery company (SARL, 8 employees) based in Lyon, signs a 3-6-9 commercial lease on 1 July 2026 for a 120 m² workshop at €1,800 per month (excl. VAT), indexed on the ILC. Planning to relocate at the year-3 break point, the company serves a formal break notice via a commissaire de justice on 20 December 2028 — exactly six months before the 30 June 2029 expiry (Art. L145-9). The company then completes the exit état des lieux and vacates the premises with no penalty and no eviction indemnity payable by either party.
How to fill out the form
- Check eligibility for commercial lease status (Art. L145-1): the premises must be permanent, the tenant must be registered at the Registre National des Entreprises (RNE — which replaced both the Registre du Commerce et des Sociétés and the Répertoire des Métiers on 1 January 2023), and the tenant must be actively operating a commercial or craft business from the premises.
- Draft the lease: minimum nine-year term, permitted use (destination des locaux), rent amount and indexation clause (ILC for retail commerce, ILAT for offices and tertiary activities), and the mandatory itemised charge schedule required by Art. L145-40-2.
- Draw up the état des lieux (schedule of condition) at entry — contradictory, agreed by both parties, and signed (Art. L145-40-1) — and attach it to the lease before handing over the keys, along with any compulsory diagnostics: energy performance certificate (DPE) and, if usable floor area exceeds 2,000 m², the environmental annex.
- Sign the lease (private deed or notarial deed). For leases of 12 years or less, no fiscal registration or land-registry filing is legally required. For leases exceeding 12 years, publication at the Service de Publicité Foncière (SPF — land charges registry) is mandatory under Decree no. 55-22 of 4 January 1955 (Art. 28). Retain the charge inventory and the projected works schedule.
- Monitor key deadlines: triennial rent reviews indexed on the ILC or ILAT (check current values at insee.fr), six-month break notices for triennial termination or non-renewal — all notices must be served exclusively by a commissaire de justice (court-appointed process server).
Good to know
- Notice & form: Both triennial break notices and non-renewal notices require six months' lead time and must be served by a commissaire de justice (court-appointed process server, Art. L145-9 C. com.). A registered letter (LRAR) is not a valid substitute — a notice sent by recorded delivery is null and unenforceable.
- Service charges: Any clause shifting Article 606 Civil Code major structural repairs onto the tenant, or imprecisely passing on the taxe foncière (annual land tax), is deemed unwritten (Art. L145-40-2). Always demand the itemised charge list and the annual summary statement of charges before signing.
- Lease assignment: The tenant's right to assign the lease to the buyer of the business (fonds de commerce — the goodwill and operating assets) cannot be prohibited by contract (Art. L145-16). If the lease includes a seller's joint-and-several guarantee clause, it is capped at three years since the Pinel Act (Art. L145-16-1).
Frequently asked questions
What is the minimum term, and what does '3-6-9' actually mean?
The minimum term is nine years — a mandatory public-policy rule (ordre public) that no clause can override. The nickname '3-6-9' refers to the three successive three-year periods that make up the lease. At year 3 and year 6, the tenant may serve a break notice; only the landlord remains locked in for the full nine years. A short-form alternative, the bail dérogatoire (derogatory lease), is permitted for a maximum of three years under Article L145-5, but must not be converted into or renewed as a statutory commercial lease beyond that limit.
Can the tenant leave before nine years are up?
Yes. Under Articles L145-4 and L145-9, the tenant may serve a break notice at the end of year 3 or year 6, giving six months' advance notice. This right is mandatory (ordre public) since the Pinel Act of 2014; a 'firm' lease blocking early exit is valid only in specific cases: single-purpose premises (locaux monovalents), offices, warehouses, or leases exceeding nine years. The landlord, by contrast, cannot terminate before the nine-year expiry.
How is the rent reviewed, and is there a cap?
The statutory triennial review (Art. L145-38) indexes rent on either the ILC (Indice des Loyers Commerciaux — commercial premises index) or the ILAT (Indice des Loyers des Activités Tertiaires — for offices and tertiary activities), both published by the INSEE approximately 90 days after each reference quarter on insee.fr. A temporary 3.5%-per-year cap applied to reviews between 1 July 2022 and 30 June 2023 (Act no. 2022-1158 of 16 August 2022, Art. 14). Since 1 July 2023, the full index variation applies with no cap.
What is the eviction indemnity (indemnité d'éviction)?
If the landlord refuses renewal without a serious and legitimate ground, the landlord must pay an indemnité d'éviction (Art. L145-14) covering the value of the business goodwill (fonds de commerce), removal costs, and reinstatement expenses. The non-renewal notice must be served by a commissaire de justice (court-appointed process server — successor title to huissier since 2022) at least six months before the lease expires. Failure to comply means the lease is tacitly renewed.
Is a schedule of condition (état des lieux) mandatory?
Yes, since the Pinel Act (Art. L145-40-1). A joint and contradictory état des lieux (schedule of condition) must be drawn up at both entry and exit and attached to the lease. Without it, the landlord cannot invoke the presumption under Article 1731 of the Civil Code — which would otherwise hold the tenant liable for restoring the premises to the condition in which they were originally received.
Which service charges can the landlord pass on to the tenant?
An itemised and exhaustive charge schedule (inventaire limitatif des charges) is mandatory under Article L145-40-2 and Decree no. 2014-1317 of 3 November 2014. Major structural repairs under Article 606 of the Civil Code (e.g. roof, load-bearing walls), property management fees, and compliance works made necessary by wear and tear (vétusté) must remain the landlord's responsibility. The landlord must also provide the tenant with an annual summary statement of charges actually incurred.
Official sources
- Légifrance — Code de commerce, Chapter V: Status of Commercial Leases (Art. L145-1 et seq.) — 2026-06-27
- Service-Public Entreprendre — Commercial lease: term, triennial termination and renewal rights — 2026-06-27
- Service-Public Entreprendre — Commercial lease: setting and reviewing rent (ILC/ILAT indices) — 2026-06-27
Updated on 2026-06-27
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