Seasonal lease

Verified 07 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The seasonal lease applies to a commercial premises leased only for a tourist season. This lease cannot exceed 6 months. At the end of the season, the owner resumes his premises. The protective rules of the commercial lease do not apply to the seasonal lease.

A seasonal lease is a lease between a tenant and the owner of a premises for the duration of a tourist season. This is often more extensive than the summer or winter season in the strict sense.

Example :

The tourist season in the Mediterranean can range from May to October.

There is no legal definition of a seasonal lease. The lease is considered seasonal in the following situations:

  • Rents and charges are due for a defined period.
  • The keys to the premises are returned at the end of the seasonal rental.
  • The premises are emptied of the equipment and goods belonging to the tenant (the owner can tolerate that the operating equipment remains in the premises).

The seasonal rental agreement is not not necessarily a written contract. However, a written statement is recommended to prove the existence of the lease in case of dispute.

A written contract shall specify the conditions of occupancy of the premises, in particular:

  • Description and location of premises
  • Rental and occupancy period (maximum 6 months)
  • Payment of rent (payment may be required in full at the beginning of the season)
  • Burden-sharing

The rules of the commercial lease status that protect the tenant does not apply to the seasonal lease. For example, the lessee is not entitled to the renewal of the lease or to the payment of a eviction allowance as is the case in a commercial lease.

The seasonal rental agreement has a maximum duration of 6 months. The end date of the lease must be specified.

The contract terminates without the need for the landlord to give leave or for the tenant to give notice.

At the end of the lease, the tenant no longer has the use of the premises and must release them. This is essential because if the premises are made available to the tenant on a continuous basisHowever, renting is no longer considered seasonal. If the lessee considers that his seasonal lease is in fact a commercial lease, he may apply to the court for application of the statute of commercial leases. It must act within 2 years of signing its first lease.

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Warning  

The year-round rental entitles the commercial lease status even if the operation is seasonal. This is particularly the case in the following situations:

  • Free access to premises throughout the year
  • Rent higher than a seasonal rent
  • Subscriptions for electricity and telephone on behalf of the tenant.

Unlike the tenant of a commercial lease, the tenant does not have an automatic right to renew his lease. It can however rent the same premises every season. To do this, a new seasonal lease must be signed and the rent can be renegotiated at each new rental period.

The seasonal lease can therefore be renewed each year for the same season, with the same duration, with no time limit.

It is also possible to conclude a seasonal lease for the same premises at 2 different periods (winter and summer seasons for example).