French Commercial code
In forceUnless there is a significant change in the items mentioned in 1° to 4° of article L. 145-33, the rate of change in the rent applicable when the lease to be renewed takes effect, if its term does not exceed nine years, may not exceed the change, since the initial fixing of the rent for the expired lease, in the quarterly index of commercial rents or the quarterly index of rents for tertiary activities mentioned in the first and second paragraphs of article L. 112-2 of the Monetary and Financial Code, published by the Institut national de la statistique et des études économiques. In the absence of a contractual clause setting the reference quarter for this index, the change in the quarterly index of commercial rents or the quarterly index of rents for tertiary activities, calculated over the nine-year period prior to the last published index, should be taken into account.
In the event of renewal after the date initially scheduled for the expiry of the lease, this variation is calculated on the basis of the last published index, for a period equal to that which has elapsed between the initial date of the lease and the date of its actual renewal.
The provisions of the above paragraph are no longer applicable when, as a result of a tacit extension, the term of the lease exceeds twelve years.
In the event of a significant change in the items mentioned in 1° to 4° of article L. 145-33 or if an exception is made to the capping rules as a result of a clause in the contract relating to the term of the lease, the resulting variation in rent may not lead to increases exceeding, for any one year, 10% of the rent paid during the previous year.
