Conclusion of the farm lease contract

Verified 16 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The farm lease is the type of rural lease the most common. When its conditions are met, it is subject to a set of rules obligatory called the tenancy status, in particular to stabilize the operation of the lessee.

Like any contract, the conclusion of a rural lease requires compliance with certain rules.

The farm lease applies exclusively, like any rural lease, real estate for agricultural use, i.e. land and buildings for farming and/or housing.

It may be concluded between natural or legal persons (e.g. a business).

Please note

A lease may be entered into by several lessors (co-lessors) and several lessees (co-lessees).

1Concerning the lessor

The lessor may be:

  • The proprietor. If he is married under the community and the property he wishes to lease is common property, his spouse must give his consent.
  • One usufructuary. In that case, he must obtain the consent of the bare owner. In the event of a refusal, the usufructuary may apply to the civil court for authorization.
  • One indivisary. He must obtain the consent of all the indivisaries.

2Concerning the lessee:

Every lessee of a farm lease shall be subject to the structural control. This procedure obliges the lessee to request a authorization to operate.

Where the policy holder is not a national of theEU (EU), additional authorization is required.

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French lessee or EU national

The lessee shall follow the procedure for structural control, which is intended to promote the development of agricultural land and land-less holdings.

This procedure shall apply irrespective of the legal form or area of the holding, the nature of the operation or the persons concerned, only the outcome of the operation determines the control procedure.

As a function of this result, the checking of the structures may consist either of a prior authorization given by the prefect of the region, in one prior declaration by the operator.

It exists 2 control procedures, depending on the outcome of the proposed transaction:

  1. Prior authorization
    The following operations require prior approval:
    • Operations to set up, expand and reunite agricultural holdings where the resulting total area of holdings exceeds a threshold set by the Prefect of the region
    • Operations to install, expand and reunite agricultural holdings resulting in:
      • To abolish an agricultural holding the area of which exceeds the threshold laid down by the Prefect of the Region, or to shift that area below that threshold
      • To deprive a farm of a building essential to its operation, unless it is rebuilt or replaced
    • Operations to install, expand and reunite agricultural holdings for the benefit of an agricultural holding:
      • Of which one of the members having the status of operator does not fulfill the conditions of ability or professional experience laid down by regulation
      • Not having an operator member
      • Where the farmer is a multi-active farmer, satisfying the conditions of capacity or professional experience, whose extra-agricultural income exceeds a certain amount
    • Expansions or meetings of holdings for goods whose distance from the seat of the applicant's holding is greater than a maximum set by the regional prefect
    • The creation or extension of capacity of above-ground production workshops beyond a production threshold set by the regional prefect
  2. Advance Declaration

Only a prior declaration shall be required where the following conditions are met:

  • The application must relate to agricultural property received in particular by donation, rental, sale or succession of a parent or ally up to and including the third degree
  • The applicant must meet the conditions of capacity or professional experience laid down by regulation
  • Farm property must not be rented out
  • The farm property must have been held for at least 9 years by certain members of the applicant's family (parent or ally up to and including third degree)

The application for authorization in the framework of structural control may be made in one of the following ways:

  • By teleprocedure via the LOGICS website
  • By mail recommended to the DDT: titleContent or DDTM: titleContent of the place of holding

To complete this tele-procedure, or to find out the list of documents to send by mail, you can consult the corresponding card.

Warning  

The lessee (lessee) must mention in the lease when it is concluded (or in a lease assignment contract) the area and the nature of the assets he exploits. This compulsory mention condition the validity of contract. 

Non-EU customer

If the lessee is not an EU national, he must obtain two authorizations before he can install:

1- Authorization to operate (structural control procedure)

The non-EU lesseeEU must, like any agricultural operator in France, comply with the structural control, which is intended to promote the development of agricultural land and land-less holdings.

This procedure shall apply irrespective of the legal form or area of the holding, the nature of the operation or the persons concerned, only the outcome of the operation determines the control procedure.

As a function of this result, the checking of the structures may consist either of a prior authorization given by the prefect of the region, in one prior declaration by the operator.

It exists two methods of control, depending on the outcome of the proposed transaction:

  1. Prior authorization
    The following operations require prior approval:
    • Operations to set up, expand and reunite agricultural holdings where the resulting total area of holdings exceeds a threshold set by the Prefect of the region
    • Operations to install, expand and reunite agricultural holdings resulting in:
      • To abolish an agricultural holding the area of which exceeds the threshold laid down by the Prefect of the Region, or to shift that area below that threshold
      • To deprive a farm of a building essential to its operation, unless it is rebuilt or replaced
    • Operations to install, expand and reunite agricultural holdings for the benefit of an agricultural holding:
      • Of which one of the members having the status of operator does not fulfill the conditions of ability or professional experience laid down by regulation
      • Not having an operator member
      • Where the farmer is a multi-active farmer, satisfying the conditions of capacity or professional experience, whose extra-agricultural income exceeds a certain amount
    • Expansions or meetings of holdings for goods whose distance from the seat of the applicant's holding is greater than a maximum set by the regional prefect
    • The creation or extension of capacity of above-ground production workshops beyond a production threshold set by the regional prefect
  2. Advance Declaration

Only a prior declaration shall be required where the following conditions are met:

  • The application must relate to agricultural property received in particular by donation, rental, sale or succession of a parent or ally up to and including the third degree
  • The applicant must meet the conditions of capacity or professional experience laid down by regulation
  • Farm property must not be rented out
  • The farm property must have been held for at least 9 years by certain members of the applicant's family (parent or ally up to and including third degree)

The application for authorization in the framework of structural control can be made in two ways:

  • By teleprocedure via the LOGICS website
  • By mail recommended to the DDT: titleContent or DDTM: titleContent of the place of holding

To complete this tele-procedure, or to find out the list of documents to send by mail, you can consult the corresponding card.

2- Authorization to set up as a farmer

If the tenant is not a national of the EU, he must also send an information sheet (cerfa no. 14519) to the DDT: titleContent (or DDTM: titleContent) to obtain its farmer's card.

Warning  

The lessee (lessee) must mention in the lease when it is concluded (or in a lease assignment contract) the area and the nature of the assets he exploits. This compulsory mention condition the validity of contract. 

At the stage of the conclusion of the rural lease, a written contract is usually drawn up by the parties, but it is not not obligatory.

A written statement is, however highly recommended in particular, this makes it easy to prove the existence of the contract in the event of a dispute.

This formality also allows the lessor and the lessee to be better informed about the consequences of the contract. For more information on this point, you can consult our dedicated page on Rights and obligations of the parties in the farm lease.

Validity of verbal lease

The absence of a written statement shall not render the contract null and void.

The rural lease verbal is therefore valid if it brings together rural lease terms. In that case, it shall be deemed to be concluded for nine years on the terms and conditions laid down in standard contract that each departmental joint consultative commission on rural leases is available.

Rural lease over 12 years

When the lease duration is over 12 years, the lease must be written and written by a notary because it must be mandatory published to land advertising department. It's called a lease genuine, or notarial (Only contracts drawn up in this form may be published).

FYI  

A lease drawn up by a notary gives this contract a certain date.

This formality protects the lessee. For example, when the property it operates is sold, the lessee cannot be evicted by the purchaser because the date of its lease is prior to the sale. The same applies if the lessor has entered into a lease with two lessees for the same property, since the lease with the earliest date will be the only one valid.

The state of play is not mandatory but it is highly recommended.

This document accurately describes the condition of buildings and land, the degree of land maintenance and the average yield over the past five years.

It shall be drawn up by the lessor (owner) and the lessee (lessee) in the month preceding the entry into use at the premises, or in the month following the entry into use.

The costs are shared between them.

The state of play makes it possible to determine, when the time comes, the amount of compensation due to the lessee if improvements have been made, or the amount of compensation due to the lessor if the leased land or buildings have been damaged by the fault of the lessee (lessee).

In the absence of an inventory, the tenant is assumed to have received the buildings and land in good condition. He must therefore return them in good condition.

FYI  

The agricultural chambers sometimes offer detailed guides for establishing a state of play distinguishing each plot, each building and each room of them.

A rural lease subject to the status of a farm is in principle concluded for a minimum period of 9 years.

However, there are exceptions that allow different durations.

Ordinary farm lease

Ordinary farm leases are the most common type of rural leases.

The tenancy status shall be applied in full, without any exception. Therefore, the parties do not have the possibility to derogate from the rules concerning, for example, the right of renewal or the right of pre-emption of the lessee, or from the rule imposing a minimum period of 9 years.

1- Minimum duration of 9 years

The ordinary farm lease shall be concluded for a minimum period of 9 years.

This duration is obligatory when the lease is signed. It will apply to the contract even if the parties have provided for a shorter period, or even if it is a verbal lease.

However, this mandatory period only at the stage of the conclusion of the lease does not prevent the parties from terminating the contract before its expiry, before the expiry of this period of 9 years, in the cases provided for by law (for example in the case of termination of the lease by either party).

FYI  

A duration over 9 years can of course be planned. However, if it is more than 12 years, the lease must be published to land advertising department. This disclosure requirement obliges the parties to enter into a lease established by a notary, since only one notarial deed can be published.

2- Exceptions (shorter duration)

However, the law allows, for certain leases subject to the status of rental (even partially), a duration of less than 9 years upon conclusion of the contract.

These include:

  • Small parcel lease : it's a rental contract small-scale agricultural land subject in part to the status of leasing. Where the conditions are met, the parties may freely fix the duration of the lease (except in the case of a verbal lease small parcel).
  • Annual renewable lease before the installation of a descendant: this rental 1 year renewable may be granted by a lessor, pending the future installation of one or more of its descendants. The parties may renew this rental within the limit of 6 years maximum.
  • Lease concluded in the framework of a judicial redress : in this case, the parties are not obliged to respect a minimum period of 9 years.
  • Certain leases entered into by a SAFER relating to agricultural land or buildings previously made available by an owner.
3- Starting point of the lease term

The term of the lease begins as soon as date of entry into use provided for in the contract, i.e. as soon as the agricultural land and buildings are actually made available to the lessee.

4- Early termination of the lease

In general, the farm lease ends when it expires (9 years). If he is renewedHowever, this is a new lease of the same duration.

However, it may happen that a 9-year farm lease ends before its expiry due to an event occurring under lease. This end anticipated is possible, for example, when the parties use their right of termination the lease, or where the lessor exercises his right to take back the leased property.

A farm lease concluded for 9 years may end before it ends . This early termination may occur in the following cases:

  • When using sound right of termination of the lease by one of the parties. Termination assumptions can include:
    • Termination by the landlord in the event of death or fault of the tenant
    • Termination by the lessor in the event of change of destination rented places
    • Termination by the lessee in case of incapacity for work or retirement of the tenant
    • Termination by the lessee when he has purchased a farm which he intends to operate himself
    • Termination where the lessee and lessor agree to terminate the lease before its termination
  • In case of resumption property leased by the owner before the end of the lease. It may exercise this right of take-back in the following cases:
    • Takeover for personal use by the lessor or a member of his family
    • Resumption for Quarry Operations
    • Resumption to build a dwelling house

Warning  

Termination of the farm lease before the 9-year period requires the agreement of the lessee's spouse when they participate together and in a regular manner in the operation. Without this agreement, the spouse who has not given his consent may ask the cancelation of the termination by typing the Joint Rural Lease Court.

Long-term leases

The category of long-term leases consolidate long-term leases at least 18 years of age (but they cannot be perpetual).

They are subject to the status of the farm lease, with the exception of the rules governing the duration of such leases: minimum duration, renewal, take-back or termination.

The Act provides for several types of long-term leases:

18-year long-term lease

In the long-term leases category, the 18-year lease is the most common.

The rules governing its duration are as follows:

  • The term fixed in the lease must be at least 18 years of age
  • The starting point of this duration shall begin on date of entry into use provided for in the contract, i.e. as soon as the agricultural land and buildings are actually made available to the lessee.
  • The long-term lease may result from a conversion a 9-year farm lease, where the parties agree. This conversion can be done either by extending the duration of the original ordinary lease, or by concluding a new lease of at least 18 years
  • The long-term lease is renewal in periods of 9 years (6 years in the French overseas departments), with the same clauses as the original lease
  • The long-term lease may be terminated at its end, where it is not renewed, but also early. This end of the lease before its expiry (whether or not the lease has already been renewed) may take place in particular:
    • In case of termination by one of the parties
    • In the event of takeover by the lessor

Please note

As an exception, the long-term lease term may be less than 18 years. This is the case where the policyholder is more than 9 years old and less than 18 years old from retirement age. The term of the lease is then equal to the term allowing the lessee to reach retirement age.

25-year long-term lease

It's a long-term farm lease. The rules governing this period are as follows:

  • The term fixed in the lease must be at least 25 years old
  • The starting point of this duration shall begin on date of entry into use provided for in the contract, i.e. as soon as the agricultural land and buildings are actually made available to the lessee.
  • The long-term lease may result from a conversion a 9-year farm lease, where the parties agree. This conversion can be done either in elongating the duration of the original ordinary lease, either by entering into a new lease
  • Once the initial 25-year period has ended, the renewal of the lease depends on the presence or absence of a tacit renewal clause:
    • When the lease contains a clause of tacit renewal, he renewal without limitation of time. The parties may terminate the lease each year, but the leave does not take effect until the end of the 4th year following the year in which it is given (or the 3rd year in the DOM).
      For example, if the lessor wishes to take back the leased property at the end of the 25-year lease, the lessor will be required to address his or her leave to the lessee before the end of the 21st year.
    • In the absence of clause of tacit renewal, the 25-year lease ends at the end of its term, without no formalities. The lessor then does not need to grant leave to the lessee.

Career Lease

It's a form of long-term lease that allows the lessee to operate the same assets throughout their entire career. Its duration is determined by the following rules:

  • The duration of a career lease is at minimum of 25 years.
  • The starting point of this duration shall begin on date of entry into use provided for in the contract, i.e. as soon as the agricultural land and buildings are actually made available to the lessee.
  • The quarry lease ends on expiry of the crop year during which the policy holder has reached the age of retreat

Non-family transferable lease

This lease differs from other long-term leases in that it offers the possibility of a freer transfer. By way of exception to the rules governing the status of tenancy, it is transferable to persons other than the descendants of the lessee, his spouse or former partner.

The duration of this lease is governed by the following rules:

  • Its duration is 18 years minimum
  • The starting point of this duration shall begin on date of entry into use provided for in the contract, i.e. as soon as the agricultural land and buildings are actually made available to the lessee.
  • The lessee benefits from renewal fee. The lease is renewed for a period of 9 years.
    The lessor may, however oppose the renewal or even termination of the lease before its expiry in the following cases:
    • Refusal of renewal unmotivated where the lessor takes the leave at least 18 months before the end of the term. In return, the lessor must pay a eviction allowance to the lessee.
    • Refusal to renew or termination of the lease in the event of fault of the lessee (and in particular in the event of failure to pay a single rental).
    • When the lessor exercises its right of take-back rented property (including for the purpose of operating itself or constructing a dwelling house on a portion of such property).

The leasing is the consideration paid by the lessee in exchange for the land or buildings of the holding being made available to him. Its amount is framed by law and is therefore not freely determined by the parties.

This farmhouse is divided into 2 parts:

  • Rent on bare land and farm buildings,
  • Rent of residential buildings.

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Rent on bare land and farm buildings

The rent for these bare lands and farm buildings can be expressed in two different ways:

  • It is generally set in money (in euro) and must be between a minimum and a maximum determined by prefectural decree. Within these limits, the rent is fixed freely, amicably.
    These two rent limits are updated annually on the basis of the national rent index published by the Ministry of Agriculture before 1er October.
  • Where the lease concerns bare land (without buildings) relating to perennial crops (like permanent crops such as vineyards, trees, olive and citrus), rent can be paid through a quantity of foodstuffs between a minimum and a maximum determined by prefectural decree. This quantity shall be fixed in the lease in such a way that definitive.

FYI  

In 2025, the National Rent Index is set at 122.55. It's up by 5.23% compared with the previous year.

For example, a lease on 25 hectares of bare land has an annual rent for the year 2024 of €3,450. For 2025, the updated rent is: €3,450 + (3450x 5.23% ) = €3,630

Rent of residential buildings

This part of the rent is fixed in currency (in euros) and must be between one minimum and one maximum determined by prefectural decree. Within these limits, the rent is fixed freely, amicably.

These two minimum and maximum thresholds are updated according to the variation of the benchmark rent index (IRL) published by theInsee: titleContent.

Revision of the lease

The amount of the rent may be revised under different scenarios, including:

  • When a new prefectural order changes the minimum and maximum amounts for the price of the rental (or for the quantity of foodstuffs where the parties have opted for this method of payment). In this case, ongoing rural leases may be revised at the request of the lessee or lessor. In the absence of an agreement between them, the Joint Rural Lease Court may be seized to resolve the dispute.
  • When the price set moves away from at least 10% the rental value of the land or buildings leased. In this case, both parties may seize the joint rural leases court as part of a action for review. In the absence of agreement between the parties, the court shall fix the amount of the rent.

Please note

The lessor may exceptionally receive a rent supplement, in particular if it has made investments which go beyond its legal obligations.

Payment of rent

It must be carried out in money (or by means of a quantity of goods) to the lessor (or to any person designated by the lessor in the lease). This can be done by check, wire transfer, etc.

This payment is usually made with due date at the time specified in the lease. For example, it can be one maturity per year, two per year (every six months) or four per year (every three months). This periodicity may vary according to local customs.