Source date: 2026-05-28
Economic Life Simplification Act
Commercial Lease: What's Changing Published on May 29, 2026 - Entreprendre Service Public / Directorate for Legal and Administrative Information (Prime Minister)
The Economic Life Simplification Act of May 26, 2026 includes several measures related to commercial leases. Overview.
Tenants can now request monthly rent payments
To protect the cash flow of commercial leaseholders, the Simplification Act now allows them to request that rent be paid on a monthly basis.
The premises must be intended for:
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retail or wholesale trade activities;
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commercial or craft service provisions.
This provision applies to leases currently in effect as of May 26, 2026, as well as to newly concluded or renewed leases.
The request for monthly rent payment is subject to the absence of arrears in the payment of amounts due for rent and charges. These amounts must not have been previously disputed.
Better regulation of rent reviews
In the context of reviewing the rent of a commercial lease, it is possible to include an indexation clause. This clause indexes the rent amount according to changes in the Commercial Rent Index (ILC).
To better regulate these indexation clauses, the Simplification Act adds that it is now possible to include a clause whose purpose or effect is "to cap, in equal proportions both upwards and downwards, the annual variation of the Commercial Rent Index taken into account for rent review." This is known as a "tunnel indexation" clause.
This measure concerns leases concluded or renewed starting from May 28, 2026.
New provisions on security deposits
Cap on the amount required for the security deposit: The Economic Life Simplification Act establishes that, henceforth, the security deposit for a commercial lease is capped at one quarter of the monthly rent.
This cap also applies to "the value of assets, securities, commitments, and guarantees of any kind requested to ensure the proper performance of the lease contract."
This measure applies to newly concluded or renewed leases.
Transfer: Modification of the transmission of the restitution obligation in case of transfer: The law also introduces new provisions regarding the transfer of leased premises (sale, donation, inheritance). Henceforth, the obligation to refund sums paid as security to the tenant must be transferred to the new landlord. Previously, this obligation rested with the landlord who received the security deposit.
Thus, the transfer:
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renders other guarantees such as pledges : titleContent or sureties void;
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obliges the transferor, within a period of 6 months, to return the relevant documents to the tenant and to proceed with the necessary releases : titleContent.
This provision will apply to transfers taking place from August 26, 2026 onwards (i.e., 3 months after the promulgation of the Simplification Act).
Creation of a deadline for returning the security deposit: Finally, the Economic Life Simplification Act provides for a deadline for returning the security deposit. It is set at 3 months and begins "from the handover of keys, either in person or by registered letter with acknowledgment of receipt, to the landlord or their agent."
The deadline for returning other guarantees (bank guarantee, mortgage, etc.) is set at 6 months.
These provisions concern leases currently in effect as of May 26, 2026, when the handover of keys for the premises occurs after August 26, 2026.
Legal texts and references
See also
Contract whereby a debtor assigns property they own as security for the repayment of their debt, without being dispossessed of it.
Legal act that ends a situation creating an obstacle. For example: release of seizures, release of mortgage.
Source: Service-Public professionals