Assigning a lease to non-family members

Where the lessor and the tenant agree, the law allows them to draw up a lease that can be assigned to non-family members ((Ie to persons other than the spouse or partner with whom he is bound by a civil solidarity pact participating in the exploitation or the descendants).

• What are the formalities required?

  • The lease must be drawn up as a notarised instrument by a notaire and must explicitly state that the parties agree to comply with the special provisions that apply to transferrable leases.

• What is his term?

  • Minimum 18 years, failure to renew leave by extrajudicial instrument, 18 months before his term renewed for 9 years in the absence of contrary agreement.

• How the rent is set?

  • It must not be more than 50% either side of maximum and minimum figures set by prefectoral decree.

• How cancel this lease?

  • The leave does not have to be motivated, but failing renewal, the owner has the obligation to pay the tenant an eviction indemnity.

• Which conditions can be inserted?

  • It is possible to provide in the lease that the landlord may acquire by lease given preference in isolation.

  • If the lease is for at least 3 years, there is no opportunity or challenge the award before the Joint Court in case of exercising the right of first refusal by the lessee or to preempt for SAFER (Société d’Aménagement Foncier et d’Établissement Rural - French government organisation set up to prevent farmland being taken over by industry).

• Find a notaire

  • Find the details in the Directory of Notaires of France.
    Your notary is at your disposal to help you.