A civil lease is a letting agreement that falls outside the scope of any special statutory regime — neither the 1989 Act governing residential tenancies nor the commercial lease statutes of the Commercial Code. It is governed by Articles 1709 to 1762 of the Civil Code and affords the parties greater contractual freedom.
Miraï Avocats advises and assists landlords and tenants in the drafting, negotiation and litigation of civil leases: common law leases, short-term derogatory leases, long-term furnished lettings and precarious occupation licences.
Common Law Leases Under the Civil Code
Scope and Contractual Freedom
Leases subject solely to the Civil Code cover lettings of premises not intended as a principal residence (second homes, non-commercial professional premises, furnished studios let to legal entities) and lettings between legal entities for professional use. These leases afford considerable drafting freedom: duration, rent, service charges and termination conditions may be freely negotiated, subject to the mandatory provisions of the Civil Code.
Drafting and Securing the Agreement
The contractual freedom inherent in civil leases is also a source of risk: a poorly drafted agreement may leave ambiguities regarding the allocation of charges, maintenance obligations, renewal conditions or termination provisions. The firm drafts civil leases tailored to the specific needs of the parties, with precise clauses on every aspect of the tenancy relationship, and reviews existing agreements to identify potential risks.
Short-term Derogatory Leases
Short-term derogatory leases, provided for by Article L.145-5 of the Commercial Code, allow parties to enter into a commercial letting for a maximum period of three years, outside the statutory commercial lease regime. On expiry of this period, if the tenant remains in possession and the landlord permits it, a statutory commercial lease is automatically formed. The firm drafts these arrangements ensuring compliance with legal requirements, and assists parties at the expiry of the derogatory lease to manage the transition securely.
Furnished Lettings
Legal Framework for Furnished Lettings
Furnished lettings as a principal residence are governed by the Act of 6 July 1989 (Title I bis), with specific rules: one-year lease renewable by tacit renewal (nine months for students), one-month notice period for the tenant, and mandatory furnishings defined by decree. Furnished lettings outside this regime (second homes, lettings to legal entities) are governed by the common law Civil Code, providing greater contractual freedom.
Precarious Occupation Licences
A precarious occupation licence (convention d'occupation précaire) allows temporary occupation to be organised without creating a lease, provided it is justified by serious and legitimate reasons specific to the landlord (imminent sale, planned works, etc.) and that the consideration is modest. The firm verifies the validity of such arrangements and drafts them so as to avoid their reclassification as a protected statutory tenancy.
Mixed-use Leases and Special Arrangements
Mixed-use leases (professional and residential use) and accommodation or access arrangements (gratuitous or onerous) raise characterisation questions that determine the applicable regime. Incorrect characterisation exposes the parties to judicial reclassification with significant consequences for their respective rights. The firm analyses the factual situation, properly characterises the contract and drafts the appropriate contractual documents.
Civil Lease Disputes
Disputes arising from civil leases frequently concern the interpretation of contractual clauses, the validity of forfeiture clauses, return of security deposits, dilapidations at lease end, service charges and renewal issues. The contractual freedom inherent in civil leases sometimes produces ambiguous or contradictory clauses that must be interpreted by the court. The firm represents landlords and tenants in these proceedings, both in emergency applications and substantive proceedings before the Civil Court.