Although it is strictly forbidden to sublet plots or buildings included in a rural lease, the farmer may nevertheless exchange plots with the owner's agreement. We also present the terms and conditions for the transfer of a rural lease. This is the 5th article in our series on rural leases.
The basic principle of a rural lease is that it is not transferable. However, there is a strong exception when the transfer is made to the spouse or descendants of the incumbent farmer.
The transfer requires the prior agreement of the lessor or, failing that, of the Tribunal Paritaire des Baux Ruraux.
When the lease is transferred, it continues under the same conditions, i.e. with the same due dates, the same amount of rent, etc.
Transferring the lease without having sought the agreement of the lessor may result in the termination of the lease, so it is extremely important to respect the formalities of the transfer.
It should also be noted that the possibility of assigning the lease is reserved for diligent farmers, i.e. those who have always respected the terms of the lease. A farmer who has always paid his rent late, for example, may be refused by his landlord. The same applies in the case of poor maintenance of the plots, ...
Finally, it should be noted that the transferable lease is a lease with a minimum duration of 18 years, which allows the farmer to transfer his lease to persons other than his spouse or descendants.
The subletting of a rural lease is strictly forbidden and failure to comply with this rule may result in the termination of the lease, even if the subletting is only partial.
There are some rare exceptions, notably the possibility, with the agreement of the lessor, of subletting residential buildings, or subletting land or buildings for holiday or leisure use for a maximum of 3 months, ..
On the other hand, a farmer can make his lease available to a company in which he is a partner and in which he effectively participates in the work of the farm. In this case, the company becomes jointly and severally liable for the payment of rent.
However, the owner must be informed by registered letter within two months of the transfer. The lessor must also be informed of any changes made to the company.
When the farmer withdraws from the company, the provision to the company ceases immediately.
Although subletting is prohibited, it is possible for the farmer to exchange agricultural plots.
The farmer may indeed exchange plots with another farmer in order to improve his operating conditions.
This exchange requires information from the owner, who can oppose it by taking the matter to the Tribunal Paritaire des baux ruraux.
Author's note: The information we present is purely informative and pedagogical and cannot replace an analysis carried out by a professional in rural law. In case of conflict, difficulty, etc., we invite you to contact one of these professionals (lawyers, notaries, rural law experts, etc.).
