The professional lease is a lease of premises intended for the exercise of a liberal activity. This one can be regulated (chartered accountant, doctor, veterinarian, architect, lawyer, etc.) or unregulated (trainer, management consultant, consultant, etc.).

The professional lease contract must be written. It may be drafted by the parties themselves, by a notary or a lawyer.

The duration of the professional lease is fixed at 6 years minimum.

At the end of this period of 6 years, the professional lease is automatically extended for the same duration: it is said that it is tacitly renewed. The landlord or tenant can decide to end it .

The content of the professional lease agreement is freely determined by the parties.

It usually includes the following:

• Information on the identity of the landlord and the tenant
• Description of premises and, in some cases, ancillary premises
• Term of lease (6 years minimum)
• Amount of rent, conditions of payment and revision of rent
• Burden sharing between landlord and tenant
• The payment of a security deposit is not required.
• Respective obligations of the tenant and the lessor: for example, payment of the rent for the tenant and guarantee of the peaceful enjoyment of the premises for the lessor.

The landlord must append to the lease the 2 diagnostics following:

• Energy Performance Diagnostic (EPD) which evaluates the energy consumption of the premises
• State of Natural, Mining and Technological Hazards (ERNMT)) which indicates the environmental risks by geographical area.

An inventory at the entrance and exit of the tenant shall be established in one of the following ways:

• Either by the landlord and the tenant, amicably, and in a contradictory manner, that is to say that each party is able to present its point of view.
• Either by a commissioner of justice, at the initiative of the lessor or the tenant. In this case, the costs are shared by half between the tenant and the landlord.

The state of play must be attached to the lease agreement or retained by each of the parties.

If an inventory is not established, the tenant is presumed to have received the premises in good condition. rental repairs. This includes routine maintenance and minor repairs at the tenant's expense throughout the term of the lease (e.g. maintenance of ceilings, walls and partitions of the premises, joints of water pipes, etc.).

The payment of a security deposit is not requiredbut the lease agreement may provide for that the tenant must pay one. In this case, the amount is freely fixed by the parties.

This amount is refunded to the tenant when he leaves the premises if he has fulfilled all his obligations (for example, payment of rent or certain repairs).

The amount of the rent is freely fixed by the parties. Its payment terms (monthly, quarterly, at the beginning or end of the term) are specified in the professional lease contract.

The rent review is not required by law but the contract may provide for a review based on an index: for example, the tertiary activity rent index (ILAT) or the cost of construction index (CCI).

If nothing is specified in the lease agreement, the rent amount remains the same throughout the lease term.

It doesn't exist no regulation on the payment of charges, taxes and charges in the professional lease.

The distribution of charges, taxes and charges shall be by mutual agreement between the landlord and the tenant.

Very often, the lease provides that the major works are the responsibility of the lessor. Small routine maintenance work, such as leak repair or maintenance of facilities, is the tenant's responsibility.

In the absence of a precise stipulation in the lease contract, the lessor bears the costs related to the property (property taxes, insurance of the immovable).

In the event of a dispute between the landlord and the tenant, the court has jurisdiction.

The tenant may sublet its premises, unless prohibited by the lease agreement. He must then inform the landlord in writing.

The sub-tenant has no direct legal relationship with the lessor. The main tenant (initial) remains fully responsible to the landlord for the payment of the rent, the maintenance of the premises and the fulfillment of contractual obligations.