The provisions of articles L

Application pratique:

This case law confirms that Articles L.145-3 and L.145-33 of the Commercial Code do not apply to emphyteutic leases, so the rent is governed solely by the lease contract. The landowner should rely on the contractual rent review clause and document the current market rate for similar farmland to justify the increase. If the farmer refuses, the landowner can enforce the clause through legal action, as no statutory cap applies.

Application pratique:

Because commercial lease rent rules do not apply to emphyteutic leases, the rent can only be changed as specified in the lease contract. The buyer must carefully review the emphyteutic lease before purchase to check for any escalation or review clause; if none exists, the rent remains fixed. The buyer should negotiate with the tenant voluntarily but cannot force a rent increase under commercial lease statutes.

Application pratique:

This decision confirms that the rent of an emphyteutic lease is not subject to the commercial lease rent control mechanisms, so the landlord is not bound by statutory caps. However, the tenant should check the lease contract: if there is no provision for rent review, the landlord cannot unilaterally change the rent. The tenant should refuse the increase and seek legal advice to confirm the lease terms, but must be aware that any future renegotiation is purely contractual and not protected by commercial lease law.