Commercial lease (bail commercial): the questions to ask before signing

A commercial lease (bail commercial) often commits you for several years and shapes a large part of the project's economics. A few questions, asked at the right moment, help inform the decision — always with the support of your advisers. The goal of an early read-through is not to replace the lawyer, but to arrive prepared for that conversation.

Is restaurant activity permitted?

The lease sets out the authorised use of the premises (destination des lieux) and the permitted activity. It is worth checking that food service is clearly listed, and cross-checking this clause against the urban-planning rules that apply to the address.

If the planned activity is not covered, a change-of-use procedure (déspécialisation) may be required: better to know this before signing than to discover it afterwards.

Which works are your responsibility?

The split of works between landlord (bailleur) and tenant (preneur) varies from one lease to another. Extraction, bringing the premises into working order, compliance upgrades, major maintenance: it is best to clarify who takes on what, and to draw up a precise inventory of fixtures (état des lieux) on entry.

Some clauses transfer to the tenant charges that, by default, fall on the owner. The law frames this split (notably the major repairs referred to under article 606), but practices differ: this point deserves a careful read.

Term, renewal and rent (loyer) review

The classic commercial lease follows a 3-6-9 framework, with its own rules on renewal and review. The rent (loyer) review generally relies on an index (for example the commercial rents index), capped by dedicated mechanisms.

Understanding how and when the rent can change avoids unpleasant surprises over time. It is a structuring element of the financing plan.

Security deposit (dépôt de garantie), key money and lease rights

These terms cover different realities: the security deposit (dépôt de garantie) is refundable, the key money (pas-de-porte) paid to the landlord generally is not, and the lease rights (droit au bail) are bought from the outgoing tenant. Confusing them distorts the assessment of the cost of entry.

Ask for the detail of each amount demanded and its exact nature before you commit.

Charges, taxes and their split

The lease must set out how charges, taxes and works are split between the parties. The regulations require an inventory of charges and limit what can be passed on to the tenant.

Read the schedule of charges as carefully as the rent (loyer): over several years, they can represent a significant amount.

Which technical constraints remain open?

Some points (extraction, accessibility for people with reduced mobility, co-ownership (copropriété) authorisations) may remain to be verified at the time of signing. Identifying them lets you discuss them with the landlord — for example through a condition precedent (condition suspensive) — rather than being stuck with them once committed.

Making the signing conditional on obtaining the key authorisations is a common protection; you just have to think of it before signing.

Who validates the decision?

A lease should be read with a legal professional, and its financial side with a chartered accountant. A first read-through serves to spot the sensitive points and prepare these conversations, not to substitute for them.

In summary: what is clearly written and compliant with urban-planning rules is "confirmed"; what depends on a future authorisation is "to verify" and benefits from being secured by a clause.

How AvantBail can help you

Before discussing the lease with your lawyer, an AvantBail pre-diagnostic arms you with the right questions: authorised use, works falling to you, technical constraints still open.

AvantBail carries out the feasibility pre-diagnostic of your premises: what can be confirmed automatically (zoning, activity history at the address), what is probable, and what remains to be verified on site. You leave with a clear read of the points to dig into and the list of authorisations to plan for, before you commit.

And if you want to go further, our team supports you from diagnosis through to opening: choosing the premises, designing the kitchen, regulatory files.

Start your pre-diagnostic today on avantbail.fr — or request a callback to discuss it with an expert.

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Informational and general content: it does not constitute legal, financial or regulatory advice. Rules vary depending on the commune, the building and your project. Always have your situation validated by the relevant professionals (architect, inspection office, lawyer, chartered accountant, town hall).