Principle of prohibition of the assignment of a rural lease

In principle, the assignment of the rural lease is forbidden. This prohibition applies to both the lessee and the lessor. They can't make exceptions to that principle in the lease agreement, that's a rule of public order.

Any assignment made in violation of that rule would therefore be null, and this failure may even allow the lessor to terminate the lease if he wishes.

However, there are a few elements to this prohibition exceptions.

Possible transfer within the family

The farmer may assign his lease to the following:

• His descendants major or emancipated. For example, the lessee cannot assign his lease to his son-in-law.
• Husband, wife or entered into a civil partnership partner who participates in the operation, as co-operator or collaborating spouse

Possible assignment of a long-term lease

Where it is concluded for a period of at least 18 years (long-term lease), a rural lease may authorize the lessee to assign his lease to the person of his choice.

2 conditions must however be met:

• The lease must be signed by authentic act,
• The lease must state the clear willingness of the parties to subject the contract to the rules on leases that may be assigned (i.e. long-term leases).

Possible assignment by a lessee subject to bankruptcy or personal reinstatement proceedings

Where the lessee of a rural lease is subject to a bankruptcy or personal recovery, the court may authorize different persons to take over the rural fund for exploitation.

These may include:

• The landlord, her husband or one of her descendants
• Any lessee proposed by the lessor
• Otherwise, any buyer whose offer meets certain conditions (precise formality, funding forecasts, guarantees, employment prospects...))

Obtain permission to transfer

Depending on the case, it may be a authorization by the lessor or by the judge.

Authorization of the lessor

Farmers wishing to transfer their rural lease must first obtain the agreement of the lessor. This agreement can be given on the occasion of an assignment or even in advance, directly in the lease.

This agreement must be clearand cannot be inferred from the silence of the lessor.

The latter may refuse the assignment where the lessee has failed to fulfill its obligations. This is the case, for example, when the rents have not been paid or when the rented property has not been properly maintained.

The lessor may terminate the lease in the event of an unauthorized assignment.

Judicial authorization

In the absence of agreement from the lessor, the transfer may be authorized by the judge. The lessee must then apply for an authorization to transfer to joint tribunal for rural leases. This must be done before the transfer.

Send the transfer project to the lessor

The lessee shall notify the divestiture project to the lessor by LRAR: titleContent. The proposed assignment must specify the proposed take-over date and the identity of the assignee.

The notification gives the lessor the right to oppose the assignment. Depending on the hypothesis, the time limit for exercising this right is not always specified by law:

• Assignment of a long-term lease: the lessor has 2 months after the notification of the proposed assignment to oppose it.
• Assignment in a family context (to the spouse, entered into a civil partnership partner, ascendants or descendants): the law does not stipulate any time limit for the lessor to reply following notification of the proposed assignment. However, if the latter delays in responding, it is possible to request an authorization to transfer to the joint rural leases court.

The other cases of transfer are by hypothesis those subject to authorization by the joint tribunal of rural leases. They therefore do not require the agreement of the lessor or the sending to the latter of the draft terms of sale.