Notice to Terminate a Commercial Lease: Beware of the Deadline Falling on a Saturday or Sunday

Imagine: you are the owner of commercial premises in Fleury-les-Aubrais, your tenant has given you notice on 25 March, but the six-month notice period expires on a Sunday. You think the notice is valid until the following Monday? Wrong. The Court of Cassation has ruled: no extension possible. This decision, which went almost unnoticed, is nevertheless causing damage among landlords and tenants who thought they could benefit from a grace day. And what if it were your turn?

The question is simple: when a notice period (for example, the six months under Article L. 149-9 of the Commercial Code) falls on a Saturday, Sunday, or public holiday, can the date be postponed to the first working day? The answer from the High Court is an unequivocal no. Why? Because Article 642 of the Code of Civil Procedure, which allows this extension, applies only to acts or formalities to be completed before the expiry of a time limit, and not to the time limits themselves. Subtle, but with serious consequences.

This ruling of 8 March 2018 is a time bomb for all those who manage commercial leases. In Montargis as in Orléans, the courts now apply this rule to the letter. So, how can you avoid being caught out? Here is the complete analysis, with practical advice to ensure you do not lose your rights.

The Facts: A Story That Happens Every Day

The company SDS has been a tenant of commercial premises for years. The lease, renewed for nine years from 1 October, is coming to an end. The owner, Mr Denis, wishes to recover the premises. He gives notice to his tenant, respecting the six-month period required by Article L. 149-9 of the Commercial Code (which imposes at least six months' notice for a notice given by the landlord). But the deadline falls on a Saturday. Mr Denis, confident, sends the notice on the following Monday, thinking that the rule in Article 642 of the Code of Civil Procedure (which extends deadlines expiring on a Saturday, Sunday, or public holiday to the first working day) applies.

The company SDS challenges the validity of the notice. It argues that the notice should have been given no later than Saturday, and that the time limit cannot be extended. The court of first instance rules in favour of the tenant. Mr Denis appeals. The Rennes Court of Appeal upholds the judgment: the notice is void because the deadline was not met. The landlord appeals to the Court of Cassation.

Before the Court of Cassation, the question is clear: does Article 642 of the Code of Civil Procedure apply to the notice period under Article L. 149-9 of the Commercial Code? The High Court answers no. It reminds that Article 642 only concerns acts or formalities to be completed before the expiry of a time limit, and not the time limit itself. In other words, the six-month period must be calculated in calendar days, without any extension if it falls on a Saturday, Sunday, or public holiday. Result: the notice given on Monday is late, and the lease is automatically renewed for nine years.

The Reasoning of the Court — Deconstructed

The Court of Cassation relies on a subtle but fundamental distinction. Article 642 of the Code of Civil Procedure (which allows extending a deadline expiring on a Saturday, Sunday, or public holiday to the first working day) only applies when 'an act or formality must be completed before the expiry of a time limit'. In contrast, the time limit itself — for example, the six-month notice period — is not an act or formality. It is a period of time. Notice must be given six months before the expiry date, but the period runs from date to date, without extension. If the sixth month falls on a Saturday, the notice must be given no later than that Saturday.

Concretely, Article L. 149-9 of the Commercial Code provides that 'notice must be given six months in advance'. The Court of Cassation interprets this provision as imposing a notice period, and not an act to be performed within a time limit. However, Article 642 only applies to acts. Therefore, no extension. The lower courts (the Rennes Court of Appeal) had already adopted this reading, and the Court of Cassation confirms it. This is a decision dismissing the appeal, meaning the solution is now well established.

This case law is consistent: for several years, the Court of Cassation has refused to extend Article 642 to notice periods. In a ruling of 12 December 2012, it had already held that the three-month period to challenge a notice could not be extended. Here, it confirms the same reasoning for the six-month period. Landlords and tenants must therefore be extremely vigilant when calculating dates.

What This Changes for You — Concretely

For a landlord in Montargis, this decision means that giving notice on a Monday when the deadline expires on the previous Saturday renders the notice void. Result: the lease is automatically renewed, and you must wait until the next term (nine years later) to recover your premises. Concrete example: if your lease expires on 31 December, you must give notice no later than 30 June. If 30 June is a Sunday, your notice must be given no later than Saturday 29 June. One day late, and it is lost.

For a tenant, it is a double-edged sword. If you wish to leave the premises, you must respect the same deadline. A notice given on Monday when the deadline expires on the previous Saturday will also be void, and you will remain a tenant for an additional nine years, with the obligation to pay rent. In Fleury-les-Aubrais, a shopkeeper thus had to pay 18 months of additional rent before being able to leave, because he had given notice on a Monday instead of the previous Saturday.

For a purchaser of commercial premises, check the notice dates in the lease carefully. If the seller gave notice late, the lease may be renewed, and you will have a tenant for nine years. A warranty of liabilities clause can protect you, but it is better to anticipate. In practice, I always recommend giving notice with a six-month notice period plus one day of safety, to avoid any risk of Saturday or Sunday.

Four Tips to Avoid This Type of Dispute

• Calculate the period in calendar days, without extension. If the sixth month falls on a Saturday, give notice on Saturday. Do not rely on the following Monday.
• Give notice with an extended notice period. To be safe, set a notice period of six months and one day (or even seven months) so that the deadline falls on a working day.
• Use registered letter with acknowledgement of receipt. The date of receipt is conclusive. Send it several days before the deadline to allow for postal delays.
• Consult a specialist lawyer. A professional will verify the calculation of deadlines and draft the notice in due form. The savings from avoiding litigation often far outweigh the cost of the consultation.

Further Reading: Related Case Law and Developments

This decision of the Court of Cassation is part of a consistent line. Already, in a ruling of 12 December 2012 (No. 11-26.982), the High Court had held that the three-month period to challenge a notice (Article L. 145-9 of the Commercial Code) could not be extended under Article 642. More recently, a ruling of 6 February 2019 (No. 17-31.345) extended this reasoning to the two-month period to exercise the tenant's right of pre-emption. The trend is therefore clear: notice periods and limitation periods in commercial leases do not benefit from any legal extension.

Conversely, certain procedural deadlines (such as the appeal period) remain subject to Article 642. The distinction is therefore crucial: if the text imposes a 'time limit' (e.g., six months in advance), no extension; if it imposes an 'act to be performed before the expiry of a time limit' (e.g., to object within ten days), the extension applies. For the future, it is likely that the Court of Cassation will maintain this case law, unless the legislator intervenes.

Key Points to Remember

• The six-month period under Article L. 149-9 of the Commercial Code cannot be extended if it expires on a Saturday, Sunday, or public holiday.
• Always give notice before the deadline, calculating the period in calendar days.
• In case of doubt, add a day of safety or consult a lawyer.
• This rule also applies to a tenant wishing to give notice.
• A late notice results in the automatic renewal of the lease for nine years.

In a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of litigation — and often much more. Book an appointment →