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. Four regimes are covered: common law leases, short-term derogatory leases, long-term furnished lettings and precarious occupation licences.
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How we work
| Your situation | What we do | What you receive |
|---|---|---|
| You do not know which regime applies | Analysis of the actual use, the status of the parties and the intended purpose of the premises | A classification note setting out the applicable regime, with the reclassification risk quantified |
| You need a lease outside the statutory regimes | Bespoke drafting: term, rent and review, charges, works, termination, return of the premises | A contract in which every point the law leaves open is settled |
| Your short-term commercial lease is coming to an end | Exit timetable and the notices to be served before expiry | Control over the switch to the statutory regime, or its avoidance |
| You occupy premises under a precarious agreement | Analysis of the validity of the agreement and of the reclassification risk | A clear position before any deadline |
| A dispute has arisen | Interpretation of the clauses, interim or substantive proceedings | Proceedings brought on the right legal basis |
Our billing arrangements are set out on our fees page.
Common law leases under the Civil Code
Scope and contractual freedom
Leases subject solely to the Civil Code cover two situations. The first is premises not intended as a principal residence: second homes, non-commercial professional premises, furnished studios let to legal entities. The second is 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 are provided for by Article L.145-5 of the Commercial Code. They allow a commercial letting of up to 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). Three rules apply. The lease runs for one year, renewable by tacit renewal, or nine months for students. The tenant gives one month of notice. The furnishings are set 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.
Why instruct a lawyer for a civil lease?
The civil lease allows broad contractual freedom, which makes it flexible but also a source of insecurity: outside the protective framework of special statutes, everything is decided in the drafting. A lawyer checks the classification of the lease, secures the key clauses (term, rent, termination, return) and defends your interests in the event of a dispute.
Frequently asked questions
What is a civil lease?
It is a lease that falls under no special regime, neither the 1989 Act nor commercial lease law. It is governed by Articles 1709 et seq. of the Civil Code and leaves the parties broad contractual freedom.
How does it differ from a commercial lease?
A commercial lease protects a business, with a right to renewal and rent capping. A civil lease escapes that regime: term, rent, review and termination are set freely, which makes careful drafting essential.
Can a short-term lease last more than three years?
No. The short-term lease is capped at three years in total. Beyond that, or if the tenant stays on after expiry without objection, it automatically shifts into the protective commercial lease regime.
Must a civil lease be in writing?
Writing is not always required, but it is strongly advisable. Outside the protective framework of special regimes, only the contract sets each party's rights and duties: imprecise drafting is the leading source of disputes.
Related expertise
The firm also handles residential leases, commercial leases and all property disputes.
In the same area of law
- Tenant eviction: recovering premises from an occupier without title.
- Property transactions: buying premises intended to be let outside any statute.
Written by Maître Léa Scemama, admitted to the Paris Bar, Miraï Avocats. This page states the law applicable at its update date. It is general in nature and does not constitute advice tailored to a particular situation.