YOUR COMMERCIAL LEASE BY NOTARIAL DEED AND ITS ENFORCEABLE COPY

Act No. 2026-403 on the simplification of economic life, dated 26 May 2026, is set to transform the relationship between landlords and tenants in commercial lease matters. It significantly curtails the securities granted to the landlord under a commercial lease, reducing them to next to nothing.

Commitments, securities, and guarantees of any kind required to ensure the proper performance of the lease (in particular the payment of rent) are capped at an amount equivalent to one quarter’s rent.

Since this provision is a matter of public policy, it will be difficult to circumvent.

However, the enforceable title conferred by a notarial deed will provide a distinct advantage to the landlord, who is now subject solely to the rule of “first come, first served” (Code civil, Arts. 2284 and 2285).

Two options are then available to the landlord-creditor holding a copy bearing the enforceable formula:

Deux possibilités s’offre alors au créancier bailleur titulaire d’une copie revêtue de la formule exécutoire :

• the ability to enforce judgment against the assets comprising the debtor’s estate, without recourse to the courts (CPCE, Art. L. 111-2), such as the seizure of bank accounts;
• the ability to place a conservatory or judicial security interest over the debtor’s assets, in particular a pledge (nantissement) or a provisional mortgage (hypothèque provisoire) (CPCE, Arts. L. 511-2, L. 511-1).

If you entrust the drafting of the lease to your notary, they will be able to issue you a copy bearing the enforceable formula, which will carry the same weight as a court judgment. If the lease has already been executed under private signature, the notary may ask the parties either to deposit it in their official records (rang de ses minutes) with acknowledgment of handwriting and signatures, or to proceed before them with its formal re-execution (réitération).

The notarial deed and the enforceable title it confers have become a significant opportunity for any commercial landlord, enabling them to secure guarantees as to the performance of the lease. This will become standard drafting practice in commercial leases.