Terminate a commercial lease

Verified 28 May 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The lessee and the landlord each have the option of terminating the commercial lease at the end of each three-year period (i.e. after 3, 6 or 9 years) or outside of these periods, under specific conditions. They also have the possibility to terminate the lease by mutual agreement.

Tenant

The tenant may terminate the lease without any particular reason at the end of each 3-year period (i.e. after 3, 6 or 9 years). We are talking about three-year termination.

It can also terminate the lease, outside these triennial periods in certain situations: when he has applied for his pension rights, or when he receives an invalidity pension. In the event of the tenant's death, rights-holders may also terminate the lease.  The parties may also terminate the lease by mutual agreement.

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For each triennial period (3 years)

The tenant may terminate the commercial lease agreement at the end of each 3-year period, without any particular reason.

He or she must give leave by one of the following means:

  • Either by act of commissioner of justice (formerly act of judicial officer)
  • Either by registered letter with acknowledgement of receipt.

Leave must be given at least 6 months before the end of the current triennium.

Failure to comply with this 6-month deadline postpones the effects of the leave to the next three-year period.

Example :

The three-year term of a commercial lease is September 30. The leave must therefore be sent by the tenant to the landlord no later than March 31.

The lessor and lessee may decide to exclude the possibility of three-year termination in the following lease agreements:

  • Leases over 9 years (e.g. leases between owners and operators of tourist residences)
  • Leases of premises for a single activity
  • Leases of premises for exclusive use of offices
  • Storage space leases (i.e. warehouses).

FYI  

The tenant does not have to indicate in the leave the reasons why he wishes to terminate the lease.

Outside triennial periods (3 years)

It is possible to terminate the lease contract in the following situations:

Termination by the tenant admitted to retirement or receiving an invalidity pension

The tenant may terminate the commercial lease without waiting for the expiry of the three-year period only if it has the following statuses :

  • Merchant (individual contractor)
  • Majority manager for at least 2 years of the SARL: titleContent leaseholder
  • Unique partner of a EURL: titleContent.

It must be in one of the following situations:

  • Either have asked to benefit from its rights to retirement.
  • Either have been admitted to the benefit a disability pension during the lease period.

If the tenant meets these conditions, he can then give leave to lessor.

Leave shall be granted at least 6 months in advanceby registered letter with acknowledgement of receipt or by deed of commissioner of justice (formerly act of judicial officer).

Termination by the tenant in case of non-compliance with the obligations of the lease by the lessor

The tenant can request the judicial termination of the lease in the following situations:

  • Non-compliance by the lessor of the commercial lease obligations:for example, the landlord did not cover major repairs such as structural work
  • Issuance of a space that does not conform to its intended purpose as it does not meet fire safety standards

This must be requested at the court of justice the location of the building.

The judge has discretion and orders termination where the breach is of a certain gravity.

Termination of the heirs in the event of the tenant's death

In case of death of tenant, the lease is not automatically terminated (unless a clause of the contract so provides). The lease is passed on to the heirs. These may terminate the lease without waiting for the three-year deadline by sending a leave by registered letter with AR or by act of commissioner of justice.

Termination by mutual agreement with the lessor

The tenant can agree with the landlord to terminate the lease at any time. Then we talk about amicable termination the lease agreement.

Amicable termination does not require any particular form. The landlord simply has to accept the tenant's offer of amicable termination.

However, we must be able to report the evidence of this agreement.

In practice, the owner and tenant are advised to sign an act which provides for the date of release of the premises and which fixes the balance of the rent, the charges and the fate of the security deposit.

In addition, the landlord in agreement with the tenant must check with the registry of the commercial court if there are inscriptions on the business (privilege, pledge). If this is the case, the owner must inform (by registered letter with AR or by act of commissioner of justice) creditors registered on the fund (who have a lien on the business or a pledge) from amicable termination of the lease.

The amicable termination will not become final than 1 month after notification to registered creditors.

Lessor

The lessor may terminate the commercial lease after each 3-year (« triennial ») period under certain conditions. Outside these three-year periods, it can terminate the lease in case of fault of the tenant or if this possibility is provided for in the contract (termination clause). The parties may also terminate the lease by mutual agreement.

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For each triennial period (3 years)

At the end of a three-year period, the lessor has the right to take over the rented premises. He must then give the tenant leave 6 months before the three-year deadline by act of commissioner of justice (formerly act of judicial officer).

Termination is possible in the following cases:

  • Resumption to build or demolish and rebuild the building in which the rented premises are located. A landlord who constructs or rebuilds a new building must provide a replacement space to the tenant or pay a eviction pay.
  • Resumption for real estate restoration work in remarkable heritage sites requiring evacuation of premises. To facilitate the restoration of the property, the lessor can recover the lease at the end of a three-year period by paying an eviction allowance if the property is located in a protected area.
  • Take-over of a residential space rented incidentally to the commercial space and which is not occupied. The following 3 conditions must be met:
    • The living space is divisible from the commercial space.
    • The premises taken over are not used for hotel, furnished rental, hospital or teaching purposes.
    • Deprivation of use shall not cause serious disturbance to the operation of the business.

    Recovery is only possible if the tenant still does not occupy the dwelling for a period of 6 months after the leave issued by the lessor.
  • Conversion of an existing building into a main residential building by reconstruction, renovation or rehabilitation. The landlord recovers the commercial space to carry out work and pays an eviction allowance to the tenant.

Outside triennial periods (3 years)

The landlord can request the termination of the lease before the court in case of fault of the tenant or use the resolutory clause.

Termination requested in court

The lessor has the possibility to request the termination of the commercial lease with the court in case of fault of the tenant.

These include, for example:

  • Lack of insurance
  • Sub-letting of premises without authorization of the owner
  • Absence of exploitation of trade
  • Non-payment of rent

The court assesses the importance of the fault of the tenant to accept or refuse the request of termination of the landlord.

Termination under the lease agreement (in a termination clause)

The contract may provide that failure to perform a specified obligation will result in the termination of the lease: resolution clause. In practice, the landlord uses this clause in case of delay or failure to pay rents.

To implement the termination, the owner must send, by deed of commissioner of justice (formerly act of judicial officer), a command which informs the tenant that he will use the resolution clause.

The command must mention the following:

  • Acts of which the tenant is accused (for example, tenant who does not operate the business)
  • Command to cease breach of the lease
  • Mention of a delay of 1 month so that the tenant performs what the landlord asks him to do and meets his obligations.

If the tenant performs what is requested in the command, the lease is not terminated.

On the other hand, if the tenant does not execute what is requested, the termination of the lease is automatic. It is effective 1 month after the sending of the command to pay or the summons to execute.

In the event of unpaid rent, the tenant may apply to court for a payment period for escape the termination of the lease.

Warning  

Since May 28, 2026, the judge has taken the following two factors into account in granting this deadline:

  • The ability of the tenant to settle the rental debt
  • The resumption of payment of the current rent by the tenant before the first hearing.

FYI  

In the case of an order to pay rent, the tenant can apply to court for payment deadlines within the limit of 2 years.

Termination by mutual agreement between the tenant and the landlord

The lessor and the lessee may decide by mutual agreement to terminate the lease at any time. Then we talk about amicable termination the lease agreement.

Amicable termination does not require no particular shape. The tenant simply has to accept the landlord's offer of amicable termination.

In practice, the landlord and tenant are advised to sign a deed that provides for the date of release of the premises and that sets the balance of the rent, the charges and the fate of the security deposit

In addition, the landlord in agreement with the tenant must check with the registry of the commercial court if there are inscriptions on the business (privilege, pledge, etc. ). If this is the case, the lessor must inform (by registered letter with AR or by act of commissioner of justice) creditors registered in the fund amicable termination of the lease.

The amicable termination will not become final than 1 month after notification to registered creditors.

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