Possibility for the tenant to request the monthly payment of the rent

In order to protect the cash flow of commercial tenants, the Simplification Act now allows them to request monthly rent payments.

The premises concerned must be intended for the exercise of:

• a retail or wholesale business;
• services of a commercial or craft nature.

This provision applies to leases that are in operation as of May 26, 2026 and to newly concluded or renewed leases.

Better supervision of the rent review

As part of the rent review of a commercial lease, it is possible to introduce an indexation clause. This index indexes the amount of rent according to the evolution of the commercial rent index.

In order to provide a better framework for these indexation clauses, the Simplification Act adds that it is now possible to incorporate a clause whose purpose or effect is « to regulate, in the same proportions, upwards and downwards, the annual variation of the commercial rent index taken into account for the rent revision ».

This measure applies to newly concluded or renewed leases.

New provisions on security deposit

Cap on the amount required for the security deposit

The Law on the Simplification of Economic Life establishes that, henceforth, the security deposit of a commercial lease is capped at one quarter of rent.

This ceiling also concerns « the value of the assets, securities, commitments and guarantees of any kind requested in order to ensure the proper execution of the lease contract ».

This measure applies to newly concluded or renewed leases.

Transfer: change in the transmission of the obligation to surrender in the event of a transfer

The law also introduces new provisions on the transfer of the premises of the lease (sale, donation, succession). Now, theobligation to return sums paid as security to the lessee must be passed on to the new lessor. Previously, this obligation was imposed on the lessor who received the security deposit.

Thus, mutation:

• invalidates other guarantees such as the pledge or surety;
• obliges the assignor to return the documents concerned to the lessee within 6 months and to carry out the releases necessary.

This provision will apply to transfers taking place as of August 26, 2026 (i.e. 3 months after the promulgation of the Simplification Act).

Creation of a time limit for the return of the security deposit

Finally, the law on the simplification of economic life creates a time limit for the return of the security deposit. He is set at 3 months and begins « from the delivery of the keys, by hand or by registered letter with acknowledgement of receipt, to the lessor or his agent ».

The deadline for returning the other guarantees is 6 months.

These provisions concern leases in progress on 26 May 2026 when the keys of the premises concerned are handed over after 26 August 2026.