Commercial Leases in France: Retail Tenants and Riot Risk
If you run a shop, cafe or restaurant in France, your commercial lease decides who pays when a window is smashed, how long you are tied to the premises and how your rent can change. After the unrest of October 2026, many retail tenants are rereading their bail commercial for the first time in years. This guide explains the key clauses, how riot risk is shared between tenant and landlord, and what to check or negotiate.
Key takeaways
- A French bail commercial usually runs for 9 years, and the tenant can normally leave at the end of each 3-year period with notice ("3-6-9").
- Rent reviews are limited by indexation, so your rent cannot usually jump at will during the lease.
- The tenant's multi-risk policy usually covers contents and business interruption; the landlord's policy covers the building. The lease decides who handles what.
- Riot and civil commotion damage is usually covered by multi-risk business policies, but business interruption cover is optional and has limits.
- This is general information, not legal or insurance advice. Have a lawyer or notaire review your lease.
The nationwide day of action against the cost of living on 17 October 2026 brought students, "gilets jaunes" groups and trade unions onto the streets. Clashes, burned vehicles and damaged or looted shops were reported in several cities, including Paris, Lyon, Lille and Marseille. The government estimated about 3,000 businesses were directly affected, while other reports put the number at 1,500 to 2,000. Further actions were announced for 24 and 31 October, and unions have called a national day of strikes on 5 November.
For retail tenants, the immediate questions are practical. Who repairs the shopfront? Who pays the deductible? Do I still owe rent if I cannot open? Can I leave if my street becomes a regular protest route? The answers sit in your lease and your insurance policy, read together. This guide gives you a framework for reading both. It is general information, not legal or insurance advice.
How a French commercial lease works
The bail commercial is a lease for premises used for a commercial, industrial or craft business. It is heavily regulated, which gives tenants more security than in many countries.
The 3-6-9 structure
A commercial lease usually runs for 9 years. The tenant can normally give notice to leave at the end of each 3-year period, which is why it is called a "3-6-9" lease. The landlord's ability to end the lease early is much more limited. Some leases change these terms where the law allows, so check yours.
Rent and indexation
The starting rent is negotiated. After that, rent reviews are limited by indexation, meaning the rent follows an official index under rules set by law and the lease. This protects tenants from sudden large rises during the lease.
Charges, taxes and works
Leases set out which charges, taxes and repair costs the tenant pays and which stay with the landlord. Read these clauses closely. They matter a lot when damage occurs, because they decide who arranges and pays for repairs to the building, the shopfront and the fittings.
Who insures what: tenant, landlord and the lease
In a typical arrangement, insurance is split in three layers. Your lease should say clearly which party insures which part.
| Item | Usually insured by | Points to check |
|---|---|---|
| Building structure and common parts | Landlord or co-ownership policy | Does the policy include riots and civil commotion? |
| Shopfront, glazing, shutters | Depends on the lease | Is the shopfront treated as part of the building or as tenant fittings? |
| Fittings and improvements you installed | Tenant | Are they listed and valued in your policy? |
| Stock, equipment, furniture | Tenant | Are limits high enough for peak stock periods? |
| Loss of income (business interruption) | Tenant, if chosen | Is it included, and what triggers it? |
| Liability to third parties | Tenant | Does it cover your terrace or sidewalk area? |
The table shows typical patterns only. Many leases require the tenant to hold a multi-risk business policy (multirisque professionnelle) and to show proof each year. Some include waivers of recourse, where each party's insurer agrees not to pursue the other. These clauses change who ends up paying, so ask your insurer and lawyer to read them together.
Common mistake
Assuming the landlord's insurance will pay for a broken shopfront or a damaged security shutter. Depending on the lease, those items may be the tenant's responsibility. Find out now, while nothing is broken, rather than discovering it when you file a claim.
Riot risk: what is usually covered and what is not
Damage from "émeutes et mouvements populaires" (riots and civil commotion) is usually covered by multi-risk business policies, often with a deductible (franchise), limits and exclusions. It is not covered by the natural catastrophe (cat nat) regime, so do not expect that system to step in.
Business interruption (perte d'exploitation) is an optional cover. It usually applies only after material damage to your premises. Losses from customers staying away, or from access to your street being blocked, are often excluded unless your policy has a specific extension. Vehicles are covered only with the relevant optional cover, such as fire, vandalism or all-risks.
After the 17 October violence, insurers extended the deadline to declare damage to 30 days (normally 5 working days for most claims and 2 working days for theft), and France Assureurs pledged faster payouts and advance payments. Check with your insurer for the current position.
The French state can also be held liable for damage caused by crimes committed by gatherings (attroupements) under article L211-10 of the Code de la sécurité intérieure. Claims go through the préfecture or the courts and usually cover what insurance does not. As of late October 2026, check official sites such as economie.gouv.fr, impots.gouv.fr, urssaf.fr, your préfecture and your chamber of commerce for any aid measures. Do not assume a 2026 scheme exists until it is confirmed.
Rent, closures and leaving the lease
Do you still owe rent if you cannot open?
Generally, a short closure because of protests does not automatically suspend rent. The answer depends on the lease, the facts and French contract law. Force majeure under Code civil article 1218 requires an event beyond the debtor's control, not reasonably foreseeable when the contract was made, whose effects cannot be avoided by appropriate measures. Protests and riots qualify only sometimes, depending on the facts and contract wording. If your premises are damaged and cannot be used, the lease and the law may treat that differently from a closure you chose for safety. Talk to your landlord early and get legal advice before withholding any payment.
Can you leave early?
Under a standard 3-6-9 lease, you can normally leave at the end of each 3-year period by giving notice in the required form and time. Leaving mid-period usually needs the landlord's agreement or a specific legal ground. If your location has become difficult, look at your next break date and the notice deadline, and consider negotiating with the landlord.
Negotiating with your landlord
Landlords also have an interest in keeping a reliable tenant. Common topics to raise after a disruptive period include a temporary rent payment schedule, sharing the cost of stronger shutters or security film, and clarifying insurance responsibilities in a written side letter.
Hypothetical example
Imagine Léa, who runs a small bakery on a busy street in Lille. After a night of unrest her glass frontage is cracked and her terrace furniture damaged. Her lease says the shopfront belongs to the tenant's fittings, so she declares the damage to her multi-risk insurer within the extended deadline, with photos, a police complaint and invoices. Her policy covers riots with a deductible, but her business interruption cover only applies after material damage, which helps for the two days she had to close for repairs. She then asks her landlord to share the cost of a stronger shutter and agree a short rent payment plan. The name, place and details are made up.
What to check or negotiate in your lease
Whether you are signing a new lease or reviewing an existing one, work through these points with your lawyer, notaire or agent.
- Insurance clause. Which policies must you hold, what limits, and must the landlord's building policy cover riots and civil commotion?
- Definition of the premises. Is the shopfront, glazing and shutter part of the building or your fittings?
- Repairs and works. Who pays for structural repairs, and who pays for security improvements?
- Waiver of recourse. Is there a mutual waiver between insurers, and how does it work?
- Force majeure and closure. Does the lease define force majeure or say what happens to rent if the premises become unusable?
- Terrace and sidewalk use. Who is responsible for outdoor furniture and any municipal permit?
- Break dates and notice. When are your 3-year break points, and what notice form and timing apply?
Pro tip
Keep a dated photo record of your premises, a list of fittings with invoices and a copy of your lease and policies in cloud storage. If damage happens, you will have the evidence your insurer and landlord need without searching through a damaged shop.
Retail tenant checklist
- Reread the insurance, repairs and premises clauses of your lease
- Ask your insurer in writing whether riots and civil commotion are covered, and with what deductible
- Check whether you have business interruption cover and what triggers it
- Confirm whether the landlord's building policy covers riots
- Note your next 3-year break date and notice deadline
- Store photos, inventories, invoices and documents in the cloud
- Talk to your landlord about security upgrades and payment flexibility
Frequently asked questions
Is my shop covered for riot damage?
Most multi-risk business policies cover riots and civil commotion, often with a deductible, limits and exclusions. Check your policy wording or ask your insurer in writing. The natural catastrophe regime does not cover riot damage.
Who pays for a broken shop window, me or my landlord?
It depends on your lease. Some leases treat the shopfront as part of the building, others as the tenant's fittings. Your lease and both insurance policies, read together, decide who claims and who pays the deductible.
Can I stop paying rent because protests forced me to close?
Usually not without risk. Rent normally remains due unless the lease, an agreement with your landlord or the law provides otherwise. Talk to your landlord and get legal advice before changing any payment.
Can I end my lease early if my street keeps seeing protests?
Under a standard 3-6-9 lease you can usually leave at the end of each 3-year period with proper notice. Leaving earlier generally requires the landlord's agreement or a specific legal ground.
Related reading
The bottom line
A French commercial lease gives retail tenants real security: a 9-year term, 3-year break options and indexed rent. When riots or protests hit, the lease and your insurance decide who repairs what and who bears the cost, so read them together before anything goes wrong.
Check your insurance clause, the definition of your premises and your break dates now. Confirm your cover in writing with your insurer, keep good records, and check the latest official information from your préfecture and government sites as the situation develops in late October 2026.
