Article L145-1 of the Commercial Code sets the scope of application of the commercial lease status. Four cumulative conditions trigger this protective regime: a lease contract concerning a building or premises, in which the tenant operates a business, industrial, or artisanal activity, with registration in the corresponding register. Any failure to meet one of these criteria reverts the contract to the common law of the Civil Code, with serious consequences for the right to renewal and eviction compensation.
SVE Law of May 26, 2026: What Changes for Commercial Leases
Law No. 2026-403 on the simplification of economic life, which came into effect on May 28, 2026, has modified several provisions related to the status of commercial leases. These changes directly affect the tenant’s cash flow and the drafting of contractual clauses.
The new article L145-32-1 of the Commercial Code now allows the tenant of a commercial or artisanal premises to demand monthly rent payments, even if the lease stipulates a quarterly payment period. This option remains subject to the absence of rent or charges arrears, and any ongoing disputes regarding these amounts.
Another notable addition: “tunnel” indexing clauses are now permitted. They allow for capping and flooring the annual rent variation, which secures both parties against excessive fluctuations in the index.
The resolutory clause is also subject to strengthened regulation. The judge can suspend its effects, giving the tenant additional time to regularize their situation before the automatic termination of the lease. To discover article L145-1 of the Commercial Code in detail, we recommend cross-referencing these new provisions with the jurisprudence of the third civil chamber rendered between 2023 and 2026.
Legal Definition of Commercial Premises and Exclusion of Offices
The SVE law introduced a positive definition of commercial and artisanal premises in the Commercial Code, whereas previous law only referred to the general conditions of article L145-1.
The commercial premises refers to any premises intended primarily for the exercise of retail or wholesale trade, or commercial service activities, including adjacent reserves and locations. Premises exclusively used as offices and warehouses are explicitly excluded.
The artisanal premises, on the other hand, refers to any premises primarily allocated to an independent activity of production, transformation, repair, or provision of services, excluding warehouses.
The practical consequence is direct: since sales occurring after May 26, 2026, tenants of offices or warehouses no longer benefit from the right of preemption when the premises are transferred by the landlord. We observe that this exclusion clarifies a recurring litigation issue, but it requires the affected tenants to promptly verify their contractual situation.
Guarantees and Security Deposit: New Caps for Commercial Leases
The SVE law regulates the amount required for guarantees when concluding or renewing the lease contract. It simultaneously establishes a legal timeframe for the return of the security deposit, a provision that was lacking in the previous status.
This regulation limits the landlord’s ability to withhold disproportionate amounts. In practice, tenants now have an additional negotiation lever during the drafting of the contract, and a clearer recourse in case of abusive retention after the premises are vacated.
- The amount of guarantees required at signing is capped by law, regardless of any contrary clause in the lease.
- A timeframe for the return of the security deposit is established, ending the lack of a temporal framework that penalized outgoing tenants.
- The obligation to return follows the premises in case of transfer: the buyer of the property assumes this obligation, even without an express stipulation in the sales deed.
Conditions for Application of the Status: Recent Jurisprudence of Civ. 3rd
The status of commercial leases does not automatically apply to any rental of a building where an economic activity is conducted. The third civil chamber of the Court of Cassation has issued several rulings between 2023 and 2026 that tighten the interpretation of the conditions set by article L145-1.
The effective operation of a business remains the determining criterion. A lease concerning premises where the tenant does not operate their own clientele, or engages in purely civil activity, escapes the protective status. We recommend documenting the actual operation of the business from the contract’s effective date: commercial register, invoices, customer elements.
The issue of accessory housing in the commercial lease has also been clarified. The landlord remains bound by an obligation to deliver in accordance with decent standards when the premises include a part for residential use. This point, often overlooked in lease drafting, can lead to costly litigation if the condition of the housing does not meet legal criteria.
- The tenant must prove the operation of a business (clientele, customer base, actual activity) to claim the status.
- Civil activities conducted in a commercial premises do not trigger the protective regime, unless judicial reclassification occurs.
- The accessory housing included in the commercial lease obliges the landlord to comply with decent standards, under penalty of forced compliance.
The drafting of the commercial lease contract should incorporate these developments from the negotiation phase. Each clause must be reviewed in light of the SVE law and recent positions of the Court of Cassation, or risk ending up with stipulations that are unenforceable against the tenant or, conversely, with a tenant deprived of protective status for failing to meet the application conditions of article L145-1.
