Professional lease

Key Features

Minimum term of 6 years. Compared to 9 years for a commercial lease. The tenant may terminate the lease at any time with 6 months' notice (by certified mail or through a bailiff's writ). The landlord, however, may only terminate the lease at the end of the 6-year term.

No right to renewal. This is the major difference from a commercial lease. Upon expiration, the landlord may refuse renewal without paying eviction compensation. In practice, if neither party expresses an intention to terminate the lease, it is tacitly renewed.

Extensive contractual freedom. The professional lease is subject to few legal restrictions. The parties are free to set the terms for rent adjustments, the allocation of expenses, repairs, and subletting conditions. This provides an advantage in negotiations, but be careful: anything not written in the contract is not protected.

Subletting permitted. Unless otherwise specified in the lease, subletting is permitted, unlike in a commercial lease where it is prohibited by default. This is an important consideration for professionals who do not use all of their premises.

Flexible security deposit. There is no legal requirement. In practice, landlords generally ask for 1 to 3 months' rent.

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Professional lease vs. commercial lease: how to choose?

Confusion is common, and the choice has significant legal consequences.

Opt for a professional lease if you practice a liberal profession (regulated or unregulated), you have no business assets to protect, and you prefer flexibility over long-term security.

Choose a commercial lease if your business is commercial or artisanal, if you have a clientele tied to the location (a neighborhood medical office, for example), or if you want the protection of the right to renewal.

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2 tips before signing

1. Negotiate the rent adjustment clause. Since the law does not regulate it, the landlord may propose aggressive annual indexation. Opt for a cap on the ILAT (Tertiary Sector Rent Index) or a fixed rent for the first few years.

2. Plan for when you move out. No right to renewal means you could lose your space when the lease expires. If location is important to your clientele, negotiate a priority renewal clause or a longer lease term.

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What if a lease isn’t the only option?

For independent professionals just starting out, those with fluctuating needs, or those who want to avoid a 6-year commitment, there’s an alternative: occupying a space through a service agreement rather than a lease. No minimum term required, no hefty security deposit, and a space that’s fully equipped and ready to go from day one. This is the model Sora offers for businesses seeking flexibility without compromising the quality of their work environment.