The Economic Simplification Act introduces several significant changes to the commercial lease regime. The main measures:
- Monthly rent: tenants may require monthly rather than quarterly rent payments (Art. L. 145-32-1).
- Capped guarantees: all guarantees required from the tenant (security deposit, surety, first-demand guarantee, etc.) may not exceed one quarter’s rent (Art. L. 145-40).
- Return of guarantees: regulated upon transfer of the premises and when the tenant leaves (three months for the security deposit, six months for other guarantees).
- Indexation: the parties may cap, both upward and downward, the annual variation of the commercial rent index (ILC, Art. L. 145-38-1).
- Termination clause and right of pre-emption: stricter conditions for suspending the termination clause (Art. L. 145-41); the tenant’s right of pre-emption no longer applies to offices and warehouses.
Property tax remains rechargeable to the tenant. Several of these measures are mandatory and apply to existing leases.