Official website of Notaires de France

Assigning a lease to non-family members


Where the lessor and the tenant agree, the law allows them to draw up a lease that can be assigned to non-family members (i.e. descendants, ascendants or spouse).

  • What are the formalities required?

    • The lease must be drawn up as a notarised instrument by a notaire and must explicitly state that the parties agree to comply with the special provisions that apply to transferrable leases.

  • What is his term?

    • Minimum 18 years, failure to renew leave by extrajudicial instrument, 18 months before his term renewed for 9 years in the absence of contrary agreement.

  • How the rent is set?

    • It must not be more than 50% either side of maximum and minimum figures set by prefectoral decree.

  • How cancel this lease?

    • The leave does not have to be motivated, but failing renewal, the owner has the obligation to pay the tenant an eviction indemnity.

See also


French property market report / N°31


The role of the Notaire