The entrepreneur who wishes to rent premises for the exercise of an activity that is neither commercial, nor industrial, nor agricultural, nor craft, can conclude a professional lease. More flexible than a commercial or residential lease, this contract nevertheless meets certain obligations.
Between the commercial lease and the professional lease, it is sometimes difficult to navigate. The type of lease chosen depends above all on the nature of the activity carried out. What are the characteristics of the professional lease? What are its advantages over other contracts? Details.
The professional lease concerns premises for strictly professional use. It is aimed at regulated liberal professions (accountants, doctors, veterinarians, lawyers, etc.) and unregulated liberal professions (management consultants, consultants, etc.). This contract must be drafted by the parties themselves or by a notary. For the rules of the professional lease to apply, the income of the tenant must be taxed in the category of non-commercial profits (BNC).
The professional lease differs from the commercial lease which binds the owner of a premises with a tenant carrying out a commercial, industrial or artisanal activity.
The minimum duration of this type of lease is set at 6 years, but the parties may agree to a longer duration. At the end of the contract, the lease is tacitly renewed, without any particular formality, for the same duration if a clause so provides. For example, if the contract was initially concluded for 8 years, the tacit renewal will be for 8 new years.
The tenant may at any time decide to terminate the professional lease contract by respecting a notice period of 6 months. However, the lessor cannot terminate the contract before its term.
The amount and terms of payment of the rent are mentioned in the professional lease contract. They are freely set by the lessor and the tenant. If an indexation clause provides for it, the rent may be subject to a review during the lease. Otherwise, the same amount of rent applies throughout the duration of the contract.
The landlord is entitled to ask the tenant to pay him a security deposit to guarantee the proper execution of the contract.
Even if there is no formal rule governing the professional lease, in practice, the contract includes the following information:
Thus, the commercial lease and the professional lease obey different regulations. If the tenant is looking above all for stability, he has every interest in opting for a commercial lease. If he wants to be able to leave the premises quickly, the professional lease is more suitable.
