The 369 lease, often referred to in the real estate industry, raises many questions about its relevance compared to other options available on the market. Given the constant evolution of real estate leasing needs, it's legitimate to ask whether the 369 lease remains the best solution, or whether there are other, more suitable choices.
Historical background
The 369 lease, also known as a derogatory lease, is a short-term rental contract offering a degree of flexibility and a maximum duration of three years, renewable twice with the agreement of the parties. While this type of lease has seen renewed interest in recent years, particularly in the context of the Tertiary Decree, it is important to consider its current relevance and the alternatives available to companies.
This type of lease is well suited to situations where a company needs temporary space to meet one-off requirements, such as preparing a larger project or carrying out work on its main premises. In such cases, the 369 lease can be an advantageous solution for the company, providing it with a space adapted to its needs while keeping costs under control.
However, it is important to bear in mind that the 369 lease has certain limitations: it does not offer the same guarantees as a traditional 9-year commercial lease, such as the possibility of making major improvements to the premises or benefiting from a property tax exemption. What's more, it does not confer the status of commercial tenant on the company, which can have consequences in the event of a dispute.
It should also be pointed out that other rental options may be more suited to the needs of companies, depending on their sector of activity, size and geographical location. These options include :
-
- Coworking, which offers a flexible, fully-equipped shared workspace, as well as inclusive services (reception, internet, meeting rooms, etc.);
- Fully-equipped office rental, which provides a turnkey, fully-equipped workspace, with services included (maintenance, security, etc.);
- Traditional office rental, offering longer-term workspace with greater flexibility in terms of layout and equipment.
-
- Coworking spaces
- The constant quest for flexibility
- The importance of corporate well-being
-
- Short-term rental
- Subletting to limit contractual commitments
- The derogatory lease, with a term of less than 3 years and offering greater flexibility
-
- The Tertiary Sector Decree, which imposes energy consumption reduction targets on tenants and owners of tertiary sector buildings;
- The spread of telecommuting in the wake of the health crisis, which is changing needs in terms of workspace;
- The growing importance of corporate well-being and workplace quality.
-
- Chronology of the abolition of the death penalty in France
- July 12, 1998: a historic event?
-
- Limited flexibility: the 3-6-9 lease imposes a minimum lease term of nine years, which may be too long for some companies, particularly those in the start-up phase or with specific space requirements.
- Rent review risks: three-yearly rent review periods can be a source of uncertainty for tenants, who may find themselves faced with substantial rent increases.
- Lack of personalization: the 3-6-9 lease is a standardized contract that does not take into account the specific needs of businesses. The terms of this contract can be rigid and not very adaptable to tenants' needs.
-
- Flexibility: overriding leases enable companies to rent workspaces for periods ranging from a few months to several years, depending on their needs.
- Customization: the terms of the exceptional lease can be adapted to the specific needs of businesses, in terms of duration, surface area, services included or termination conditions.
- Simplicity: the derogatory lease is a simpler, less formalized contract than the 3-6-9 lease, which can facilitate administrative procedures for companies.
- Avantages
🔸 Stabilité du loyer
🔸 Protection du locataire
🔸 Durée longue (9 ans)
🔸 Stabilité du loyer
🔸 Protection du locataire
🔸 Durée longue (9 ans) - Inconvénients
🔹 Restrictions pour le propriétaire
🔹 Engagement sur une longue durée
🔹 Peu de souplesse pour le locataire
🔹 Restrictions pour le propriétaire
🔹 Engagement sur une longue durée
🔹 Peu de souplesse pour le locataire -
-
-
- Other types of lease
🔸 Short-term lease (3 years maximum)
🔸 Mobility lease (1-10 months)
🔸 Furnished lease
🔸 Short-term lease (3 years maximum)
🔸 Mobility lease (1-10 months)
🔸 Furnished lease -
-
- Lease 369: guarantees long-term stability but comes with major responsibilities
- Derogatory lease: offers greater flexibility but is not suited to long-term needs
- Service contract: includes services in the rental contract but may include higher rates
-
- The derogatory or precarious lease: with a maximum term of 3 years, renewable once, it offers greater flexibility for companies in the start-up phase or waiting for a more stable project.
- Professional leases: intended for liberal professions, these offer different conditions from commercial leases, including a less restrictive minimum term.
- Coworking: this solution lets you rent a shared workspace with other companies, encouraging exchange and collaboration while limiting costs and commitments.
In conclusion, while the 3-6-9 lease has long been considered the standard for leasing commercial space, it's time to reassess its relevance in today's business real estate environment. Modern businesses need flexibility and customization to meet their workspace needs. The derogatory lease may be an interesting solution to consider, offering more flexibility and adaptability than the 3-6-9 lease.
If you're considering renting workspace for your business, don't hesitate to consult a real estate professional to find the solution best suited to your needs.
The Front Populaire and the housing question
Artificial intelligence for the real estate industry
🏠 Lease 369
🤔 The only choice?
Alternative to lease 369
In recent years, the 369 lease, also known as the derogatory commercial lease, has become a popular choice for companies wishing to temporarily lease office space. However, in the current context, it's important to ask whether it remains relevant, or whether other options should be considered.
The 369 lease offers a number of advantages, not least its flexibility and ease of implementation. Indeed, it does not require the establishment of a conventional commercial lease, which can be lengthy and costly. However, it also has its limitations, notably its maximum duration of three years, renewable once. What's more, it does not entitle you to certain protections offered by the French commercial lease law, such as the right to renew the lease.
In this article, we'll look at an alternative to the 369 lease, which may be more suitable for certain office rental projects: the short-term lease.
Unlike the 369 lease, the short-term lease is not subject to the status of commercial leases. This means that the parties have greater freedom to define the terms of the contract, such as duration, rent and termination conditions. Short-term leases can be concluded for periods ranging from a few months to two years, depending on the company's needs.
Short-term leases can also be financially advantageous. Indeed, it does not require the payment of an entry fee, which is often required under a conventional commercial lease. What's more, the amount of rent can be set freely between the parties, which may enable the company to benefit from a more attractive rent.
However, short-term leases also have their drawbacks. With no right to renewal, the company may find itself in a precarious situation at the end of the contract, particularly if it has not anticipated the search for new premises. What's more, short-term leases do not entitle you to certain guarantees offered by the commercial leases statute, such as protection against exorbitant rents.
Ultimately, the choice between a 369 lease and a short-term lease depends on the company's needs and preferences. If the company is looking for a temporary, flexible solution, the 369 lease may be an attractive option. On the other hand, if the company is looking for greater contractual freedom and a more attractive rent, a short-term lease may be more suitable.
It should be noted, however, that each situation is unique, and it is advisable to seek the advice of a real estate law professional before making any decisions.
You can read this article to learn more about the differences between the different types of leases.
New forms of rental
In the current context, companies looking for new office space are often faced with a recurring question: is the 369 lease still a relevant option, or are there other alternatives? While this type of lease offers certain guarantees, it also entails constraints. That's why it's essential to look into other forms of leasing.
Alternative to lease 369
One of the most popular alternatives is the derogatory lease. This allows you to rent business premises for a fixed period of between 1 and 3 years. This solution offers companies greater flexibility, enabling them to adapt to fluctuations in their business and avoid committing to an overly restrictive lease. The derogatory lease can also include a renewal clause, enabling the lessee and lessor to renew the contract for a further period.
Another interesting option is to mothball a company (source). This procedure enables a company to reduce its fixed costs (notably rent) by temporarily suspending its activity, while retaining its legal personality. This alternative may prove particularly attractive for companies required to vacate their premises under the Tertiary Decree.
New forms of rental
As the real estate market evolves and companies' needs change, new forms of rental are emerging. Coworking, for example, is enjoying growing success. This type of space allows professionals to rent an office by the day, week or month, depending on their needs. This flexible, cost-effective solution is ideally suited to start-ups and freelancers looking for a convivial, networking-friendly workplace.
What's more, some companies opt to rent serviced offices, which include not only the rent, but also utilities, insurance and additional services (cleaning, reception, technical maintenance, etc.). This turnkey solution is ideal for companies wishing to keep administrative and financial constraints to a minimum.
Ultimately, while the 369 lease remains a viable option for companies looking for office space, it's important to consider existing alternatives. Overriding leases, company mothballing, coworking and serviced office rentals each offer specific advantages, enabling companies to adapt to economic changes and find an optimal workplace for their employees.
Advantages and disadvantages
Lease 369: still relevant or an alternative to consider?
The 369 lease, also known as the classic commercial lease, is often considered the most viable option for businesses looking to lease professional premises. However, there are other options that may prove interesting depending on the company's specific needs.
The derogatory lease can be an interesting alternative to the 369 lease for companies with a temporary need for workspace. This type of contract allows you to rent premises for a period of less than three years, without being subject to the same obligations as a conventional commercial lease.
Depending on the new forms of occupying premises, described in this article here, some companies may also consider the service provision contract. This contract can include the provision of workspace while covering the services provided.
Each option has its advantages and disadvantages in terms of duration, flexibility, costs and obligations. To make the best decision, companies need to carefully assess their needs in terms of space, services and financing. For example, a company in a rapid growth phase might prefer a more flexible lease to accommodate its evolution.
Although the 369 lease remains the benchmark for leasing professional space, it's essential to consider the alternatives available and the advantages they can offer. A careful needs analysis will enable companies to find the leasing option best suited to their situation.
Future prospects
The 369 lease, also known as a commercial lease, is a rental contract governing the relationship between an owner and a tenant of commercial or professional premises. It is governed by the provisions of the French Commercial Code, and offers a degree of security to the tenant thanks to its minimum term of 9 years and its right to renewal. However, in view of market trends and changing business needs, it is legitimate to ask whether it remains the ideal and only choice for rental projects.
Lease alternatives 369
In the current context, companies may be interested in more flexible solutions tailored to their specific situation. These alternatives include :
Depending on the company's objectives and needs, these alternatives may prove more suitable than the traditional 369 lease.
Future prospects
In view of the rapidly changing real estate market and business requirements, it's crucial to keep abreast of new legal provisions and financing opportunities. For example, reforms to residential leases are scheduled for 2024, which could indirectly impact the office sector. In addition, the end of the Censi-Bouvard scheme in 2023 means that we need to look at new alternatives for furnished rental investment.
Ultimately, it's essential to make an informed assessment of the most appropriate option for a workspace rental project. Lease 369 is undoubtedly an interesting option, but it's important to consider all the possible alternatives, such as the derogatory lease, the professional lease or the coworking lease, in order to make an informed choice tailored to the specific needs of your business.
Q: Is lease 369 still valid?
A: Yes, lease 369 is still in force and can still be used by the parties concerned.
Q: Is lease 369 the only choice for a rental contract?
A: No, the 369 lease is not the only choice for a rental agreement. There are other types of leases that can be used depending on the situation and the needs of the parties involved.
On the other hand, the flexible commercial lease or "derogatory lease" is an interesting alternative for companies looking for a workspace adapted to their needs. The advantages of this type of contract are numerous:
Critical analysis
The 369 lease: a relic of the past or a viable option for professionals?
The 3-6-9 commercial lease has long been considered the norm for companies looking to lease commercial premises in France. However, in today's business real estate environment, is this type of lease still relevant, or should it be replaced by more flexible options tailored to the needs of modern businesses?
Historical background
The 3-6-9 lease owes its name to the minimum rental period of nine years, with three-yearly rent review periods. This system was introduced in France at the end of the 19th century to encourage the construction of commercial buildings and provide a degree of stability for both landlords and tenants.
At the time, this type of contract was advantageous for both parties: tenants benefited from a stable space in which to develop their business, while owners were assured of a regular income over a long period.
Critical analysis
However, times have changed and modern businesses have different needs to those of a century ago. In today's commercial real estate environment, the 3-6-9 lease has several drawbacks:
These factors underline the importance for companies of tailor-made, flexible solutions adapted to their needs. A 369 lease can be an interesting option, provided you understand the issues involved.
To sum up, the 369 lease remains a solution adapted to the needs of certain companies, particularly those wishing to rent coworking spaces or opt for temporary leasing. It is crucial, however, to assess the advantages and disadvantages of this solution according to the specificities of each project, in order to optimize property management while ensuring employee well-being and compliance with current legal standards.
To find out more :
Although the 369 lease is still a widespread rental solution, it is essential to consider the other options available to professionals to find the contract best suited to their situation and needs.
Read this article to learn about the impact of recent events on the professional real estate market, and this link to learn more about analyzing historical contexts.
Legislative developments
In the current context of commercial leases, it is essential to question the relevance and topicality of the 369 lease, also known as the derogatory lease. Initially designed to offer greater flexibility to businesses, the 369 lease has its advantages, but it also has constraints that need to be properly understood.
The 369 lease has its origins in the Pinel law of June 18, 2014, which introduced an exception to the classic commercial lease (3/6/9 lease). The aim: to enable companies to benefit from a temporary lease without being committed to the long term. The 369 lease is thus distinguished by its duration, which cannot exceed 3 years, and by its tacit non-renewal.
Since the creation of the 369 lease, several legislative changes have had an impact on the office real estate market:
Faced with these challenges, other office rental solutions have been developed, offering terms and conditions better adapted to today's business needs.
Lease alternatives 369
Possible alternatives include :
Before choosing the type of lease that best suits your needs, you should carefully assess your requirements, situation and budget, and learn about the various options available to you. It may be useful to enlist the help of a commercial real estate professional to provide sound advice and assistance in negotiating the lease.
Finally, it's important to remember that choosing a commercial lease is not a decision to be taken lightly, and that it's important to check the clauses of the lease and the resulting obligations of each party. To avoid any disputes, it is advisable to seek the assistance of a real estate law professional.
To find out more about the derogatory lease and its alternatives, take a look at this article "Renting office space for a few months: an increasingly popular solution" from Le Figaro.
And for more information on the Tertiary Decree and its implications for businesses, take a look at this article "Tertiary Decree: how to prepare for the energy transition".
Origin of the lease 369
The historical context of the lease 369
The 3-6-9 commercial lease, also known as the professional lease, was introduced in France by the decree of September 30, 1953. It is a rental contract governing the provision of premises for the exercise of a commercial, craft, industrial or liberal activity.
The origin of the lease 369
In the 1950s, France needed to promote economic recovery after the Second World War. To achieve this, it was essential to encourage the establishment and development of businesses. It was in this particular historical context that Lease 369 was born.
This type of lease was designed to protect shopkeepers and business owners, thanks to its minimum duration, divided into three-year periods, and its three-year termination option. It thus offered the stability needed to launch a business and invest for the long term.
Lease 369 today
Over the years, the 369 lease has adapted to economic and social changes. However, some professionals are questioning its relevance in today's context, particularly given the emergence of new forms of activity and new requirements for business premises.
