A notice given before the term of the last of successive short-term leases, the cumulative duration of which does not exceed the legal period, and which shows the lessors' intention not to allow the lessee to remain in the premises, deprives the lessee of any right of occupation upon expiry of that lease.

Application pratique:

This case law confirms that short-term leases with cumulative duration under 9 years are not statutory commercial leases. The landlord can give notice at the end of the last short-term lease without following the 6-month notice rule. The tenant has no right to remain after expiry. Landlords should ensure leases are truly short-term and avoid tacit renewal clauses if they want flexibility.

Application pratique:

The court ruled that because the cumulative duration of the short-term leases does not exceed the legal threshold (9 years), the tenant cannot claim the protections of Article L.145-41. The tenant must vacate at the end of the last lease. Tenants should check whether their lease qualifies as a statutory commercial lease; if not, they have no right to renewal.

Application pratique:

This case law clarifies that if the total duration of successive short-term leases is under 9 years, the landlord can simply give notice at the end of the last lease without following the statutory notice period. However, the agent should warn the client that any tacit renewal clause may extend the lease beyond the short-term threshold, triggering full protection. The agent should recommend clear, non-renewable short-term leases if flexibility is desired.