Seasonal lease

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

The seasonal lease concerns commercial premises operated solely for a tourist season. This lease may not exceed 6 months. At the end of the season, the landlord takes over his premises. The protective rules of commercial lease status are not applicable.

Seasonal lease is a lease agreement between a tenant and the owner of a premises for the time of a tourist season. This is often more extensive than the summer or winter season in the strict sense. Thus, the tourist season in the Mediterranean can extend from May to October.

The conditions of the seasonal lease are not fixed by law. The lease is considered seasonal in the following circumstances:

  • Rents and charges are due for a defined period.
  • The keys to the premises are returned at the end of the holiday rental.
  • The premises are emptied of materials and goods belonging to the tenant.

In practice, the seasonal lease contract can be used for a restaurant open only during the summer season, the sale of bathing suits in a seaside resort, the rental of skis during the winter season, etc.

The seasonal rental contract is not not necessarily a contract written.

However, a writing is recommended because it allows to prove the existence of the lease in case of dispute.

A written contract thus makes it possible to specify the conditions of occupation of the premises, in particular:

  • Description and location of premises
  • Rental and occupancy period (6 months maximum)
  • Payment of rent (payment may be required in full at the beginning of the season)
  • Burden-sharing

The seasonal rental contract has a maximum duration of 6 months. The end date of the lease must be specified.

The contract ends without it being necessary for the landlord to give leave or for the tenant to give notice.

At the end of the lease, the tenant no longer enjoys the premises and must vacate them. This is essential because if the premises are made available to the tenant on an ongoing basis, the rental is no longer considered seasonal.

If the tenant considers that his seasonal lease is in fact a commercial lease, he can apply to the court to apply for the application of the commercial lease status.

He must act within 2 years of the signing of his first lease.

FYI  

The seasonal lease is different from the year-round rental. The latter entitles the commercial lease status even if the farm is seasonal.

The year-round rental is characterized by the accumulation of the following 3 criteria:

  • Free access to premises throughout the year
  • Rent higher than seasonal rent
  • Subscriptions subscribed for one year for electricity and telephone in the name of the tenant.

Unlike the commercial lease, the lessee of a seasonal lease has no automatic right to the renewal of his contract.

However, it can rent the same premises every season. In this case, a new seasonal lease is signed. The rent can be renegotiated at each new rental period.

The seasonal lease can therefore be renewed every year for the same season, with the same duration, with no time limit.