Rent Fixation Procedure: Key Points
The procedure is written (sur mémoire), governed by Arts. R. 145-24–R. 145-33 C. com. Lawyer representation has been compulsory since 1 January 2020 (Decree n° 2019-1333). The mémoire must be signed by a lawyer; absence is a bar to admissibility.
The mémoire is the indispensable first step: it must be notified before the court is seised. A summons served without a prior mémoire is inadmissible and the defect cannot be cured if the two-year prescription has already expired (Cass. 3e civ., 8 February 2024).
After the first mémoire is received by the other party, there is a mandatory one-month waiting period. Seising the court before this period expires renders the claim inadmissible (Cass. 3e civ., 8 October 2015).
After the expert’s report, a post-expertise mémoire is mandatory: it cannot be replaced by conclusions or a summons. Failure to exchange it is a substantive irregularity that terminates the proceedings (Cass. 3e civ., 22 November 2011).
Within one month of service of the final decision, the parties must draw up a new lease at the judicially fixed rent. If they fail to do so, the judgment itself serves as the lease (Art. L. 145-57 al. 2 C. com.).

The Departmental Conciliation Commission

Before or alongside the judicial procedure, parties to a capping or uncapping dispute (Arts. L. 145-34 and L. 145-38) may refer the matter to the commission départementale de conciliation (CDC). Since the 2014 Pinel reform, the CDC’s competence was extended to disputes about charges and works (Art. L. 145-35). Referral is optional: there is no obligation to use the CDC before suing, but if it is seized, the court cannot rule until the CDC has delivered its opinion (or until three months have elapsed, at which point the CDC loses competence). The CDC cannot assess market rental value independently; it is only competent in capping/uncapping and charges/works disputes.

Importantly, a CDC referral does not interrupt the two-year limitation period (Cass. 3e civ., 18 February 1998). An agreement signed before the CDC is binding even if one party later refuses to sign the new lease (Cass. 3e civ., 14 June 1995).

The Special Written Procedure: Seven Steps

The rent fixation procedure applies to renewal rent fixation (with or without capping), revised rent fixation, and sub-rent realignment under Art. L. 145-31. Lawyer representation has been compulsory since 1 January 2020.

1
Notify the initial mémoire to the other party
By registered letter with acknowledgment of receipt (RAR) or by a commissaire de justice. The mémoire must be signed by a lawyer. This interrupts the two-year prescription.
2
Wait one month
The judge cannot be seised before one month from the other party’s receipt of the mémoire. Seising the court before this period expires renders the claim inadmissible.
3
File with the court registry; obtain a hearing date
The mémoires exchanged and supporting documents (including a floor plan) are remitted to the registry. The registry fixes the hearing date.
4
Serve the summons (assignation)
The most diligent party serves the summons specifying the hearing day and time, including the lawyer’s constitution. A copy must be remitted to the registry before the hearing (otherwise the summons lapses).
5
Hearing; possible expert appointment
Written procedure: only matters in the mémoires are considered. The judge frequently appoints a valuation expert. A provisional rent may be set pending the expert’s report.
6
After the expert’s report: exchange of post-expertise mémoires
Once the report is filed at the registry, the registry notifies the parties. A post-expertise mémoire must be exchanged. Conclusions or a summons cannot replace it. Failure is a substantive irregularity that terminates the proceedings.
7
Judgment; appeal (one month); new lease drafting
The judge fixes the rent. First-instance judgments are provisionally enforceable. One-month appeal period from service. Within one month of the final decision, the parties must draw up a new lease; failing that, the judgment serves as the lease.

The Mémoire: Form, Content, and Effects

The mémoire is the indispensable first step. It must follow the notice to quit, the renewal demand, or the revision demand — it cannot precede or replace those acts. Since 1 January 2020 it must be signed by a lawyer. Absence of lawyer signature is a bar to admissibility (fin de non-recevoir), raisable at any time without proof of prejudice — though it can be regularised before the court rules, provided the two-year prescription has not expired.

There is no prescribed form, but the mémoire must: identify the parties; give the address of the leased premises; include a copy of the triggering act; and set out the legal and factual grounds for the position taken on rent. All claims (provisional rents, interest, costs) must be included. Only matters stated in the mémoire can be argued at the hearing. A voluntarily produced expert report is admissible if submitted to adversarial challenge, but a judge cannot rely exclusively on a report produced by only one party (Cass. 3e civ., 11 May 2017).

Notification and Prescription Effects

The mémoire must be notified by RAR or by a commissaire de justice. Both methods (RAR plus RPVA) are recommended as a precaution given the 2019 reform. A mémoire sent by ordinary letter has no prescription-interrupting effect (Cass. 3e civ., 2 February 2005). The interruption runs from the date of sending by RAR. Each subsequent mémoire and the assignation each interrupt the prescription afresh — note that it is the assignation that interrupts prescription, not the court registry filing (Cass. 3e civ., 22 June 2022). Where the limitation deadline is imminent, commissaire de justice service alone is safest to guarantee the date.

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Critical Warning — No Mémoire, No Case

The absence of a validly notified mémoire before seising the court is a substantive irregularity that renders the rent fixation demand inadmissible. It is raised at any time, cannot be cured by filing the mémoire after the court has been seised, and will extinguish the proceedings if the two-year prescription has expired in the meantime (Cass. 3e civ., 8 February 2024). A summons, ordinary pleadings, or a revision demand cannot replace it.

The Expert Appointment

Expert appointments are very frequent in rent fixation proceedings. The judge has discretion to appoint an expert or to decide on the materials already before the court; the judge will refuse if the requesting party has not provided a minimum evidential foundation, and cannot use expertise to make good a party’s failure to prove their case (CPC Art. 146). The expert’s mission typically covers uncapping grounds and the valuation criteria under Arts. L. 145-34 and R. 145-3 to R. 145-11. The expert cannot adjudicate on legal questions or conciliate the parties (CPC Art. 240). The expert must respond to each party’s final written observations (dires récapitulatifs); failure to do so is grounds to annul the report. Expert fees are set by the judge and may not be proportional to the rent claimed. A party who fails to pay the advance deposit within the allotted time causes the appointment to lapse.

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Practical Point — Post-Expertise Mémoire on Appeal

Where an appeal is pending and the court of appeal has ordered a fresh expert appointment, the parties must exchange post-expertise mémoires after the report — ordinary pleadings do not suffice at that stage either (Cass. 3e civ., 23 May 2013). The post-expertise mémoire requirement applies at every level of the proceedings, not just at first instance.

The Judgment and After

The judgment fixes the rent; it does not order payment. It is provisionally enforceable as of right for proceedings commenced from 1 January 2020 (CPC Art. 514). The appeal period is one month from service of the judgment. New uncapping grounds can be raised on appeal (Cass. 3e civ., 6 November 2001). The judgment constitutes an enforceable title for recovering rent arrears.

Within one month of service of the final decision, the parties must draw up a new lease at the judicially fixed rent (Art. L. 145-57 al. 2 C. com.). If the landlord fails to send a draft lease to the tenant within that month, or if no agreement on the draft is reached within the month following that, the judgment itself serves as the lease. The new lease renews on the old clauses and conditions, subject to the judicially fixed price.

Practical Checklist: Entering Rent Fixation Proceedings
Step 1 — Verify the triggering act: the mémoire must follow a notice to quit, a renewal demand, or a revision demand. Check that the triggering act was served correctly and within the applicable time limits. The mémoire cannot replace or precede it.
Step 2 — Draft the mémoire with lawyer signature: include all claims, the legal and factual grounds, a copy of the triggering act, and the parties’ identification. Only matters in the mémoire can be argued at the hearing. If the prescription deadline is near, notify by commissaire de justice to guarantee the date.
Step 3 — Wait one full month after receipt before seising the court: diary the earliest permissible date. Seising the court even one day early is inadmissible. Check the acknowledgment return; if undelivered, re-notify by commissaire de justice immediately.
Step 4 — After expert report: exchange the post-expertise mémoire immediately: once the registry notifies you, exchange the post-expertise mémoire before the next hearing. Conclusions or ordinary written submissions do not satisfy this requirement at either first instance or on appeal.
Step 5 — After judgment: draft the new lease within one month: the landlord should send a draft lease to the tenant within one month of service of the final decision. If neither party acts, the judgment itself becomes the lease — which may create difficulties for financing or registration purposes where a formal lease document is required.
Entering or Responding to Rent Fixation Proceedings?

The procedural requirements in French commercial rent fixation proceedings are technical and unforgiving — a missed mémoire or a premature summons can terminate the entire proceedings regardless of the merits. We advise landlords and tenants throughout the procedure, from the initial mémoire through to the new lease drafting after judgment.

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Legal Notice. This article is for general information and educational purposes only. It does not constitute legal advice. Laws and regulations may have changed since publication. Always seek qualified French legal advice on commercial rent fixation proceedings in France.