Understanding the Legal Framework for Repair Obligations
By default, under French law, one of the landlord's core obligations in a commercial lease is to bear the cost of major structural repairs. This obligation has evolved significantly following the enactment of the Pinel Law of 18 June 2014, which reinforced the application of Article 606 of the French Civil Code, governing the scope of major repairs chargeable to the landlord.
It is crucial for both parties to clearly identify which repairs fall under their respective responsibilities, as certain works may involve substantial costs that could jeopardize the tenant's ability to continue business operations on the premises.
The distinction between routine maintenance and major repairs is key: financial responsibility will differ depending on the nature of the work.
This article answers two fundamental questions:
- What repair works are borne by the tenant?
- What repair works are borne by the landlord?
What Works Are the Tenant's Responsibility?
Throughout the term of the lease, the tenant is legally responsible for routine maintenance and minor repairs. These include ordinary upkeep tasks and fixing any deterioration caused during the tenant's occupation of the premises.
The relevant obligations are detailed in Article 605 of the French Civil Code, which governs les réparations locatives (tenant repairs). These are generally limited to superficial or minor wear and tear.
However, if major repairs become necessary due to the tenant's failure to maintain the premises, the tenant will be financially liable for those repairs.
Furthermore, a sufficiently specific clause in the lease agreement may impose certain major works on the tenant, even though such costs would normally fall to the landlord. For example, the lease may provide that the tenant is responsible for compliance upgrades, such as those relating to accessibility for persons with disabilities.
For these reasons, careful legal review of the lease before signing is essential to avoid unexpected costs.
What Works Are the Landlord's Responsibility?
The landlord is generally responsible for major repairs (also known as grosses réparations), as defined in Article 606 of the Civil Code. These works relate to the structure and integrity of the building, such as:
- Load-bearing walls and arches
- Full replacement of beams or roofs
- Retaining walls, boundary walls, and dikes
To qualify as major repairs, the works must affect the structural components of the building.
Prior to the Pinel Law, landlords could insert clauses shifting these obligations to tenants. However, since 2014, any clause broadly waiving the landlord's responsibility for major repairs is deemed null and void, unless it is narrowly and precisely drafted.
As a result, landlords must now assume responsibility for structural works unless the lease contains specific and lawful exceptions.
Conclusion – Secure Your Lease with Legal Guidance
A commercial lease is a long-term legal commitment. The allocation of repair obligations—especially when structural work is involved— can have significant financial and operational consequences for both parties.
To ensure clarity and legal protection, it is essential to consult a qualified business lawyer before negotiating or signing a commercial lease. Whitefield advises landlords and tenants on drafting, reviewing, and negotiating lease terms, including repair clauses, to ensure compliance with French commercial lease law and to prevent future disputes.