2026 Commercial Lease Reform in France — Legal Analysis, Practical Impacts and Anticipatory Tips

What is the status of commercial lease reform?

2026 commercial lease reform is taking a major step in the legislative process in France.
The June 17, 2025, the French National Assembly adopted the Draft policy law for the simplification of economic life, a text highly anticipated by practitioners and entrepreneurs.

This project includes several substantial measures aimed at modernising the commercial lease 3-6-9 and to secure relationships between lessors and lessees.
However, the reform has not yet been enacted: it must be examined by the Joint Joint Commission (CMP) At the start of the parliamentary session in September 2025, before a final adoption is expected By the end of the year.

📅 If the schedule is respected, the new provisions will apply on January 1, 2026.

The objectives of the reform: simplify, balance, secure

This structural reform of commercial lease law pursues four main objectives:

• Clarifying the respective obligations of the lessor and the tenant.
• Limiting contractual abuses, in particular the unjustified transfer of burdens or excessive guarantees.
• Strengthening tenant protection, especially the VSEs and SMEs.
• Modernizing the legal regime 3-6-9 leases to adapt it to current economic practices.

The overall spirit of the text is that of contractual transparency And of the economic predictability : two principles that are essential to trust between parties.

The new rules voted by the National Assembly

1. Property tax borne exclusively by the lessor

It is a major development. As of entry into force:

👉 Property tax can no longer be charged to the tenant, even if the contract expressly provides otherwise.

Any transfer clause will be deemed to be Unwritten. This provision, which is of public order, will apply as well to new leases What for current contracts.
This breaks with an old practice, but reinforces the logic of transparency in the distribution of burdens.

2. Automatic right to monthly rent payments

The text establishes a unilateral right of the tenant to the monthly payment of rent.
Thus, the lessee can, at any time, choose a payment monthly, without:

• justification of reason,
• additional cost,
• nor renegotiation of the contract.

The lessor must accept the request as soon as the tenant is notified.

3. Symmetric framing of indexing clauses

Les “tunnel” indexing clauses are back, under strict conditions:

• they must provide for a Possible upward and downward variation,
• The Fluctuation margin must be symmetrical (for example ± 3.5% per year).

On the other hand, the “ratchet” clauses, promoting a unilateral increase, will now be Forbidden.

4. Capping of rental guarantees

Les security deposits and guarantees Are now capped at one quarter's rent, except for independent bank guarantees.

Current leases must be brought into compliance within six months after promulgation.
Any excess already paid must be reimbursed by the lessor within the expected time frame.

5. Return of the security deposit within three months

New speed requirement: the lessor will have to return the security deposit In a period of three months after returning the keys.

Any restraint must be justified by evidence (invoices, estimates, reports...).

What to do right now?

Anticipating the reform before it comes into force

Even not enacted, the reform already invites landlords and tenants to adapt their contractual practices.

✅ For donors:

• Verify the presence and validity of property tax transfer clauses.
• Reduce the rental guarantees exceeding one quarter.
• Add symmetric indexing clauses in future leases.
• Update theSchedule of charges and inform management teams.

✅ For takers:

• Identify the clauses contrary to the future regime (charges, guarantees, indexing).
• Preparing a Request for monthly payment to improve cash flow.
• Check the security deposit compliance.
• Requiring a updated expense schedule right now.

Legal FAQ — Top questions for practitioners

Is the text final?
No, it remains to be validated by the CMP. However, the application is envisaged for the January 1, 2026.

Will the tenant be able to monthly an existing lease?
Yes. This right will be automatic and without formality as soon as it enters into force.

What should I do if my current security deposit exceeds one quarter?
The lessor must return the surplus within six months following enactment.

In summary: a structural overhaul of commercial leases

La 2025 commercial lease reform marks a fundamental change:
more clarity, less abuse, and better adaptation of the commercial contract to economic reality.

Market players have every interest in Anticipate now the compliance of their contracts to avoid any future litigation.

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