Right to Repent of the Commercial Landlord: Renewal of the Lease Despite the Notice to Quit

Picture the scene: you are the owner of a commercial premises in Romilly-sur-Seine. You give notice to your tenant to recover the premises or sell them. But eventually, you change your mind. Is that still possible? The question troubles every landlord who has initiated proceedings and wishes to backtrack. Can you withdraw a notice to quit without losing your tenant? The answer lies in a judgment of the Court of Cassation of 25 October 1972, which sheds light on the famous "right to repent" provided for by the decree of 30 September 1953. Warning: this is not a simple step backwards, but a precise mechanism with serious consequences.

This right allows the landlord to "repent" after serving a notice to quit, provided he offers renewal of the lease and pays the procedural costs. But what is the duration of the new lease? The judgment we are about to analyse answers: the old lease is renewed for nine years from the exercise of the right to repent. A solution that protects the tenant and penalises the owner's hesitation. For property professionals, it is a double-edged sword.

In this article, I dissect this decision for you, whether you are owners, tenants or advisors. You will find concrete examples, practical advice and keys to avoid pitfalls. For a poorly exercised right to repent can be costly, as I see in my files in Troyes.

The facts: a story that happens every day

Mr X is the owner of a commercial premises in Romilly-sur-Seine. He leased it to Mr Y for a term of 3, 6 or 9 years, as is customary in commercial leases. On 29 June 1968, Mr X gives notice to Mr Y for the term of the lease. The tenant challenges this notice and seizes the commercial rent judge to have an eviction indemnity fixed (the sum the landlord must pay if he does not renew the lease).

But then: on 25 February 1969, while the proceedings are ongoing, Mr X serves on Mr Y a document by which he withdraws his claim and action, while offering to pay the costs of the proceedings. In short, he acknowledges his mistake and proposes to renew the lease. This gesture is a manifestation of the "right to repent" provided for in Article 32, paragraph 4, of the decree of 30 September 1953 (the right for the landlord to withdraw his notice by offering renewal).

Does the tenant accept? The case goes up to the Court of Cassation, which must decide a crucial question: what is the effect of this repentance on the lease? Is it a simple cancellation of the notice, or does it result in a new lease? And for what duration?

The reasoning of the court — dissected

The Court of Cassation, in its judgment of 25 October 1972, states that the landlord's repentance "necessarily implies an offer to renew the old lease". In other words, the landlord cannot simply say "I cancel the notice"; he must propose a new lease, starting again for a duration of nine years from the exercise of the repentance. In doing so, the original lease, which had terminated by effect of the notice, is reborn in the form of a renewal.

Why this reasoning? Because the legislator intended to protect the commercial tenant, who has invested in his business and should not be a victim of the landlord's vacillation. The right to repent is a favour granted to the landlord, but it comes at a price: the tenant must obtain a lease of sufficient duration to amortise his investments. The law provides that the renewed lease has a duration of nine years (Article 7 of the 1953 decree).

The Court also specifies that the repentance must be notified by bailiff's deed (an official service) and include an offer to pay the procedural costs. If these conditions are not met, the repentance is void and the notice remains final. The judgment confirms constant case law: the right to repent is not a mere discretionary faculty, but a rigorous legal act.

What this means for you — concretely

For landlord owners, this decision is a warning: if you give notice and change your mind, you cannot simply "cancel". You must offer a new 9-year lease, which may bind you for a long period. Example: in Bar-sur-Seine, a landlord gives notice to sell, then reneges. If he exercises his right to repent, the tenant benefits from a 9-year lease from the service of the repentance. If the rent was €800 per month, the landlord cannot increase the rent for 9 years (except indexation).

For tenants, it is a security: a notice can be cancelled, but you obtain a renewed 9-year lease. However, be careful: if the landlord repents, you must check that the offer is complete (procedural costs paid) and accept the new lease. You may also refuse the repentance and demand the eviction indemnity, but that is risky if you wish to stay on the premises.

For purchasers of an occupied commercial premises: beware! An apparently final notice can be cancelled by a repentance of the landlord prior to the sale. Always check if proceedings are ongoing. In Troyes, a purchaser bought a vacant premises, but the tenant invoked a repentance exercised before the sale: the lease was renewed, and the purchaser found himself with a tenant for 9 years.

Four tips to avoid this type of dispute

• Think carefully before giving notice: The right to repent exists, but it has a cost (procedural costs) and consequences (new 9-year lease). Weigh the pros and cons before sending a notice.
• Formalise the repentance in writing: Have a deed served by a bailiff, clearly mentioning the offer to renew the lease and the undertaking to pay the costs. A simple letter is not enough.
• Consult a lawyer before any action: A poorly drafted notice or an incomplete repentance can cost you dearly. In Bar-sur-Seine, a client lost his right to recover because his repentance did not offer renewal.
• Negotiate with the tenant: Sometimes, a friendly agreement (surrender in return for compensation) is simpler than a repentance. Explore all options.

Further analysis: related case law and developments

This 1972 decision is part of a consistent line: the Court of Cassation has always protected the tenant's right to a renewed 9-year lease in the event of repentance. For example, a judgment of 13 December 1973 (No. 72-10.456) specified that the repentance is valid even if the proceedings for fixing the eviction indemnity are already advanced. More recently, the Pinel law of 2014 strengthened tenants' rights regarding renewal, but the right to repent remains unchanged.

The trend of the courts is to strictly verify the conditions of repentance: the offer of renewal must be explicit, the procedural costs must be paid, and the service must be made before the judge has finally ruled. Today, with the digitalisation of procedures, proof of these formalities is easier to provide, but errors remain frequent.

Key points to remember

• What is the right to repent? It is the faculty for a landlord to withdraw a notice to quit, by offering renewal of the lease and paying the procedural costs.
• What is the duration of the new lease? 9 years from the service of the repentance (1972 judgment).
• Can I refuse the repentance? Yes, as a tenant you can demand the eviction indemnity, but you will lose the premises.
• What are the risks for the landlord? A poorly formalised repentance is void, and the notice becomes final. You may be ordered to pay the eviction indemnity.
• What should I do if I am a tenant and the landlord repents? Accept the offer in writing, check payment of costs, and sign a new lease. If the offer is incomplete, challenge it.

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