Also known as classic commercial lease, the 3 6 9 Lease is the most common contract in France for commercial rentals. It is a traditional rental agreement made between the owner of a premises and a company. It does not have any specific form. The classic commercial lease offers several advantages for its members. In this article, discover how the 3 6 9 contract works and its benefits.
What are the principles of the classic commercial lease contract?
The 3 6 9 commercial lease is governed by articles L145-1 and the commercial code. Based on these, the commercial lease is an agreement concluded between the owner of a rental property and a registered business in the trades directory or the companies’ commercial register. Thus, all businesses operating a commercial or artisanal fund can sign this commercial lease.
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The duration of this lease is determined upon the conclusion of the contract. It must cover a minimum period of nine years. This commercial lease allows the tenant to carry out all activities in the rented premises. However, it is important to note that the tenant can only conduct activities in the commercial space that are authorized by the lease. Furthermore, if you wish to change the authorized activities, the tenant must undergo a “de-specialization” procedure.
With the 3 6 9 contract, the amount of rent and the frequency of payments are freely negotiated between the owner and the tenant. Except for offices, hotels, cinemas, and land, this amount is capped. Additionally, the rent is subject to revision every year or every three years. The increase in rent primarily depends on the commercial rent index or the quarterly index of tertiary activity rents.
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What are the advantages of the classic commercial lease contract?
For the tenant, the main advantage offered by the classic commercial lease contract is the right to renew the agreement. If the owner opposes the renewal, they will be obligated to offer an eviction compensation to their tenant. Also, the owner can only terminate their lease contract after 9 years. However, the tenant can terminate the commercial contract after 3 years, 6 years, or 9 years.
It is these termination opportunities for the tenant that have given the name 3 6 9 to the classic commercial lease contract. In the absence of an entry and exit inventory, the tenant is favored regarding the return of the security deposit. Note that this amount almost never exceeds 2 months’ rent. The periodic adjustment of the rent amount represents a significant advantage for the owner.
The distribution of charges between the owners and the tenant is also a characteristic advantage of this lease contract. It must be indicated at the conclusion of the contract. Generally, the owner is responsible for works related to the building or compliance with standards. The tenant, on the other hand, is responsible for water, electricity, gas, condominium fees, property tax, and household waste removal tax.