Renewal of rural lease

Verified 09 October 2026 - Entreprendre Service Public / (Prime Minister)

The farm lease (classic rural lease) is the type of rural lease the most widespread. It is concluded for a minimum period of 9 years. If neither party appears, the lease is automatically renewed for the same period. The terms and conditions for renewing the lease differ depending on whether it is a farm lease (9 years) or a long-term rural lease. In some cases, the landlord may terminate the lease by opposing the renewal of the lease.

Farm lease (classic rural lease)

The right to renewal is an essential element of the farm lease because it guarantees the continuity and perenniality of the licensee's activity.

The renewal of the lease is automatic as soon as following conditions the following shall be met:

  • The lessee is in good standing with the regulations of control of structures (he must thus fulfill the conditions of capacity or professional experience, or hold a license to operate).
  • The lessee participates personally and effectively in the agricultural holding on a permanent basis.
  • The lessee himself occupies the residential buildings attached to the holding or a dwelling located nearby.

When the lessee meets these conditions, the lease is renewed without any formality for a new period of 9 years (except in special cases).

No other requirement can condition the renewal of the lease.

If they agree, the parties may, however, decide to make certain changes to the contract. In the event of disagreement regarding any of the proposed changes (e.g. rent), the parties may bring an action the joint tribunal for rural leases.

Example :

The lessor may for example introduce a six-year recovery clause (every 6 years). This clause allows the spouse, partner Civil partnerships: titleContent, major descendants or emancipated minors the lessor to take back the land or buildings at the end of the 6e year. The lessor itself is not affected by this clause. These people must personally operate the premises.

In some cases, the lessor has the right to object to the renewal of the farm lease.

This refusal of renewal of the lease by the lessor has the consequence of termination of the latter, which is generally effective on its expiry date.

This refusal can be justified on various grounds:

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Refusal to renew due to age of lessee

The lessor may refuse the renewal of the lease when the lessee has reached theretirement age of farmers at the time of renewal.

This refusal must comply with the following formality: the landlord must send a leave to the tenant, by extra-judicial act at least 18 months prior to the lease expiry date (i.e. the date on which the lease is expected to renew automatically).

Otherwise, the lease is renewed by tacit renewal for a further 9 years.

When such leave is addressed to him, the lessee will take 4 months to challenge the refusal before the joint tribunal for rural leases.

Please note

If the policyholder has not yet reached the retirement age at the time of renewal but will reach it during the renewed leaseit is then possible to anticipate that this new lease will end within the three-year period in which it will occur.

However, where the lessee is denied or restricted his right to renewal because of his age, he may give up your lease to his or her Civil partnership partner or partner involved in the operation, or to an adult or emancipated descendant.

Refusal of renewal due to fault of the tenant

The lessor may refuse the renewal of the rural lease to the lessee where the latter has committed a foul. The fault justifying this refusal may correspond in particular to the following hypotheses:

  • 2 non-payment of rent (or of products belonging to the lessor). These failures must have persisted after the expiry of a period of 3 months after formal notice after the expiry of the deadline.
  • Assignment of a lease or sublease by the lessee without the agreement of the lessor
  • Exchange of enjoyment of plots without notifying the lessor
  • Contribution of the lease to a business or group without the agreement of the lessor
  • Actions that could jeopardize the proper operation of the fund (e.g. insufficient manpower)
  • Failure to comply with environmental clauses (such as non-turnaround of grasslands or restriction of plant protection products...).)

Partial refusal to renew to expand another farm

The lessor has the possibility to refuse the renewal for only a part of the goods rented by the lessee.

This partial non-renewal is only possible if the following conditions the following shall be respected:

  • This takeover is to be used to expand another operation that the lessor leases to another lessee
  • The part of the goods taken over must not exceed a certain threshold (this is the threshold set by the regional master plan for agricultural holdings)
  • This recovery must not jeopardize the economic equilibrium of the reduced farm

These assumptions of non-renewal should not be confused with the assumptions of immediate (or quasi-immediate) termination, in which the lease ends before it comes to an end. More information is available on the page Termination of rural lease.

The lessor may oppose the renewal of the lease when he wants to take back the property rented for himself or for the benefit of his spouse, his Civil partnership partner, or an emancipated adult or minor descendant.

This right to take back the rented property leads to the termination of the lease. It can be exercised by the lessor for one of the following 3 reasons:

  • Personal exploitation of the agricultural fund or for the benefit of her husband, or her Civil partnerships: titleContent, of a descendant or a emancipated minor
  • Operation of a quarry
  • Construction of a dwelling house

To implement it, the lessor must send a leave to the lessee by extra-judicial act at least 18 months prior to the lease expiry date (i.e. the date on which the lease is expected to renew automatically).

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Take-over for personal exploitation by the lessor or a member of his family

The takeover can benefit the landlord but also his husband, his Civil partnership partner, a descendant or one emancipated minor.

In order to exercise their right of takeover, the beneficiary of the takeover (whether the lessor or one of the other eligible persons) must also fulfill the following conditions:

  • Dedicate to the exploitation of the property for at least 9 years, either individually or as part of a business, participating in the works effectively and permanently according to the uses of the region and according to the importance of the exploitation
  • Personally occupy the residential buildings of the property taken over, or failing that, live in a dwelling located near the plot in order to allow direct exploitation
  • Be in compliance with the regulations relating to control of structures. This may, for example, in certain cases require a specific degree or professional experience, or even the obtaining of an administrative authorization to operate
  • Have sufficient financial capacity (i.e. herd and the necessary equipment or have the means to acquire them).

The lessee may oppose on that resumption when he or his co-taker is in one of the following situations:

  • They are less than 5 years of retirement age (It is 64 years for farmers)
  • They are less than 5 years of age to benefit from full retirement (It is 67 years)

In one of these 2 cases, the lease is automatically extended for a period allowing the lessee or his co-lessee to reach the corresponding age.

The lessee has 4 months from the moment he becomes aware of the leave received from the lessor to contest it by filing an application with the joint tribunal for rural leases.

Warning  

The judges check that the beneficiary of the resumption of the lease has a real desire to exploit the fund in a professional capacity and not to create a pleasure garden for example.

Resumption with a view to quarrying

When the lessor is a quarry operator, he may exercise a right of takeover on agricultural land for the proper functioning of his industry. The right to take back is limited to parcels necessary for quarryings.

It must commit to undertake indeed the industrial exploitation of the parcels which have been taken over.

Resumption to build a dwelling house

The landlord has the right to take back part of the leased property to build a dwelling house.

It can be a surface but also a building whose change of destination is authorized by the administrative authorities.

This right also includes the possibility of adding land dependencies to existing dwelling houses and the takeover of a building of heritage or architectural interest.

The dwelling house must be intended personally to the lessor or to a member of his family.

In this case, the landlord must hold a building permit to be able to issue the leave 18 months before the effective date of that leave.

The owner must carry out the construction of the house in 2 years the issuing of the permit, in compliance with environmental and distance rules in relation to the seat of the holding and the buildings of the holding. If no construction takes place within the 2-year period, the lessee regains the use of the fund.

The lessee may waive his right to the renewal of the rural lease.

He must then notify the owner, either by LRAR: titleContent or by extra-judicial act, At least 18 months before the lease expires.

Long-term rural lease

There are different types of long-term rural leases: they can be 18-year or 25-year long-term leases, or they can be quarry leases. The rules for their renewal are specific to each of them:

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Lease of 18 years

Right to renewal

The lessee has a right to renewal of the lease 18 years in a 9-year period.

The owner who wishes to oppose the renewal of the rural lease must send a leave by extra-judicial act at least 18 months before the lease expires.

When renewing the long-term lease, a six-year recovery clause can be inserted. This clause allows the spouse, partner Civil partnerships: titleContent, major descendants or emancipated minors of the owner to take back the land or buildings at the end of the 6e year.

Please note

The lessee may waive his right to the renewal of the rural lease.

He must warn the owner, by LRAR: titleContent or by extra-judicial act, At least 18 months before the lease expires.

Refusal of renewal by the lessor

The landlord may refuse the renewal of the rural lease in any of the following cases:

  • Either because of a fault of the tenant
  • Either because of a change of destination of the place
  • Either because of the age of the tenant.

To refuse the renewal of the rural lease, the landlord must send a leave to the tenant, by extra-judicial act at least 18 months before the lease expires. In the absence of leave sent within the legal deadlines, the lease is automatically renewed by tacit renewal for a further 9 years.

The lessee has 4 months to contest this refusal of renewal before the joint tribunal for rural leases.

Right of takeover by the lessor

The lessor has the possibility, at the time of renewal, to take back the rented goods.

The takeover concerns the landlord or his husband, his partner Civil partnerships: titleContent, one descendant or a emancipated minor.

In order to use the take-back right, the lessor or the beneficiary of the take-back must also fulfill the following conditions:

  • Dedicate to the exploitation of the property for at least 9 years either individually or as part of a business
  • Occupy itself the residential buildings of the property taken over, otherwise inhabit a dwelling located near the plot to allow direct exploitation
  • Be in compliance with the regulations on the control of structures, which requires in certain cases (for example, lack of diploma or professional experience, exceeding the surface threshold...), of applying for and obtaining an administrative authorization to operate
  • Sufficient financial capacity (i.e. having the necessary livestock and equipment or the means to acquire them).

Please note

The lessee who is less than 5 years from retirement cannot oppose the takeover by the lessor.

Lease of 25 years

The renewal of the 25-year lease depends on the content of the contract:

  • Either a clause of tacit renewal is inserted in the contract. This means that the lease is automatically renewed after 25 years without any limitation of duration. Each Party may terminate it, each year, by leave issued by extra-judicial act. It takes effect at the end of the 4e year following the year in which the leave was given.
  • Either there is no tacit renewal clause. The lease ends at the end of 25 years. In this case, there is no possibility of renewal.

Career lease

This lease concluded for a minimum period of 25 years ends the crop year in which the policyholder reaches retirement age within the meaning of MSA: titleContent (i.e. 64 years old).

At what age can you take your basic retirement?

Central Fund of the Agricultural Social Mutual Society (MSA)

Pour en savoir plus

When signing the rural lease, the lessee must not be more than 37 years old.

There is therefore no possibility of renewal.

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