Time Limit for Revision of a Farm Lease: When 23 October Is Not Too Late

Imagine: you are a farmer in Barberaz, Savoie. You signed a farm lease on 23 October 2018. On 23 October 2021, you bring a claim before the tribunal paritaire des baux ruraux (the rural lease court) to request a rent revision, because the initial rent is more than one-tenth below the market rental value. But the landlord argues that the third year of enjoyment ended the day before, on 22 October. Your claim is therefore out of time, according to him. An absurd scenario? Yet this is exactly what happened in a case decided by the Court of Cassation in 1998.

The question is simple: does the three-year period provided for in Article L. 411-13 of the Rural Code (which allows a tenant to request a rent revision if the rent is too low) include the date of the anniversary, or not? The answer, given by the Court of Cassation on 24 June 1998, was clear: yes, the last day counts. A logical solution, but one that has generated much discussion.

This decision, rendered under number 95-17.722, directly concerns farm leases, but its scope goes beyond this area. It reminds us that the rules of civil procedure (in this case Article 641 of the New Code of Civil Procedure, which sets out the method for calculating time limits) apply to all litigation, including agricultural matters. For landlords and tenants, this is a useful reminder: a single day's difference can change everything.

The Facts: A Story That Happens Every Day

The case began in Rennes, Brittany. A tenant, Mr. Y., entered into a farm lease on 9 December 1989. The lease runs from that date. In 1992, the tenant considered the rent to be undervalued and requested a revision. He brought a claim before the tribunal paritaire des baux ruraux on 9 December 1992, exactly three years after the start of the lease. The landlord, Mrs. Y., contested: according to her, the third year of enjoyment ended the day before, on 8 December, so the claim was late.

The court ruled in favour of the tenant, but the Rennes Court of Appeal, in a judgment of 1 June 1995, overturned this decision. It held that the three-year period must be calculated from date to date, without including the day of the anniversary. Consequently, the tenant's claim, filed on 9 December, was after the end of the third year of enjoyment. The tenant appealed to the Court of Cassation.

Before the Court of Cassation, the debate focused on the interpretation of Article L. 411-13 of the Rural Code (which sets the three-year period for revision) combined with Article 641 of the New Code of Civil Procedure (NCPC). The latter provides that, when a period is expressed in days, the day of the act, event or decision that triggers the period does not count, but the last day of the period is included. In other words, if the lease begins on 9 December, the three-year period runs from 9 December 1989 to 9 December 1992 inclusive. The tenant therefore has until 9 December 1992 to act.

The Court of Cassation quashed the Court of Appeal's judgment. It recalled that the provisions of Article 641, paragraph 2, of the NCPC apply to the calculation of the period provided for in Article L. 411-13 of the Rural Code. The tenant was therefore within time. A victory for common sense, but one that could have been costly for a less informed farmer.

The Court's Reasoning — Analysed

In its judgment, the Court of Cassation relied on two texts: Article L. 411-13 of the Rural Code (which allows a tenant to request a rent revision if the initial rent is at least one-tenth below the market rental value) and Article 641 of the New Code of Civil Procedure (which governs the calculation of time limits). The latter, in its second paragraph, states: 'When a period is expressed in days, the period running from an act, event or decision does not include the day of the act, event or decision that triggers it. It expires on the last day at midnight.'

In plain language: if your lease begins on 23 October, the three-year period starts running on 24 October at 00:00 and ends on 23 October of the third year at midnight. You therefore have until 23 October inclusive to act. The Court of Appeal had made the mistake of considering that the third year ended the day before, on 22 October. Why? Because it calculated the period by excluding the last day, as if the starting point was 23 October at 00:00 and the period ended three years later, i.e., on 22 October at midnight. But this reasoning contradicts the wording of Article 641.

The Court of Cassation thus confirmed a strict application of the rules of civil procedure. This is neither a development nor a reversal: it is a confirmation of the general rule. Lower courts (tribunals and courts of appeal) must respect these provisions, even in special matters such as farm leases. The judgment is therefore important because it reminds us that the common law of procedure prevails in all cases.

The landlord's arguments, that the period should be calculated from date to date without including the anniversary date, were rejected. The Court considered that Article 641 was clear and that no derogation was provided for farm leases. A lesson for landlords who might think they can play for time.

What This Means for You — Practically

For tenants (agricultural lessees), this decision is a relief. If you signed a lease on 15 March 2020, you can request a rent revision up to and including 15 March 2023. Not a day less. Imagine a farmer in Saint-Jean-de-Maurienne who, on 14 March 2023, realises his rent is too high. He has until midnight the next day to act. Without this case law, he would have had to bring the claim by 14 March at the latest.

For landlords (lessors), this is a warning: do not rely on a restrictive interpretation of time limits to dismiss a claim. If the tenant acts on the last day, he is within his rights. You must therefore anticipate revision requests and not consider them late without checking.

For property professionals (notaries, lawyers, agents), this decision is a reminder: when calculating time limits, Article 641 of the NCPC is the rule. Whether for a farm lease, a commercial lease or a sale contract, the last day counts. A piece of advice: if you need to calculate a period, always include the anniversary date. This may seem trivial, but a one-day error can cost thousands of euros.

Let's take a concrete example: a farm lease in Barberaz with an annual rent of €10,000. If the tenant obtains a 20% revision (i.e., €2,000 less per year), the difference over the remaining 9 years of the lease is €18,000. A simple date error could cause him to lose this sum. Thanks to this judgment, the tenant is protected.

Four Tips to Avoid This Type of Dispute

• Note the exact start date of the lease: whether you are a landlord or tenant, mark the commencement date in a calendar. Add a reminder three years later on the same day. This will save you from counting on your fingers.
• Act on the day itself, not the day before: if your deadline falls on 23 October, do not bring the claim on the 22nd. The risk is that your opponent will challenge it, and you will have to prove that the 23rd is within the period. It is better to act a few days earlier to be safe.
• Consult a lawyer before starting proceedings: a simple email to Maître Zakine can confirm whether you are within the time limit. The cost of a consultation (€45) is trivial compared to a claim rejected for lateness.
• When in doubt, use registered letter with acknowledgement of receipt: to interrupt the time limit, a simple letter may suffice. But be careful: the interruption is only valid if followed by a claim to the court within two months. So it is better to bring the claim directly.

Further Analysis: Related Case Law and Developments

This judgment is part of a series of decisions by the Court of Cassation reaffirming the application of Article 641 of the NCPC to various disputes. For example, in a judgment of 12 March 1997 (No. 95-14.222), the Court had already held that the limitation period for an action to revise a commercial lease is calculated by including the last day. The logic is the same: the common law of procedure applies unless there is an express derogation.

Conversely, some lower courts had occasionally attempted to set aside this rule for farm leases, arguing the specificity of the matter. The Rennes Court of Appeal was one example. But the Court of Cassation put an end to these divergences. Since 1998, the solution is settled: for farm leases, the last day counts.

For the future, there is no indication of a legislative change. The rule is simple and protective. The courts continue to apply it. If you are a tenant, you can sleep easy: your deadline does not end the day before.

In Practice: What to Do

Checklist for a tenant wishing to request a rent revision:

1. Check the start date of your lease.
2. Calculate the three-year period including the anniversary date (e.g., lease from 23 October 2018 → deadline up to and including 23 October 2021).
3. Gather evidence showing that the initial rent is at least 10% below the market rental value (comparison with similar leases in the area, for example in Barberaz or Saint-Jean-de-Maurienne).
4. Bring a claim before the tribunal paritaire des baux ruraux by written application, before midnight on the last day of the period. Prefer to file in person or by registered letter with acknowledgement of receipt.
5. Keep a copy of your application with the date and time of filing.

Are you 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 →