Two recent judgments of the Limoges and Aix-en-Provence courts of appeal call into question the now well-established principles governing the judicial setting of the base rent of the renewed lease where the rent is a two-tier rent (fixed minimum plus turnover rent).

Given the uncertainty that this case law creates for tenants and landlords alike, and the considerable financial stakes involved, it is highly desirable that such a solution remain isolated and that the primacy of the parties’ agreement be firmly reaffirmed, in line with the settled case law that followed the Théâtre Saint Georges judgment.