The parties may, when the lessee takes up the premises, derogate from the provisions of this chapter provided that the total term of the lease or successive leases does not exceed three years. On expiry of this term, the parties may no longer enter into a new lease derogating from the provisions of this chapter to operate the same business in the same premises.
If, on expiry of this term, and at the latest at the end of a period of one month from the expiry date the lessee remains and is left in possession, a new lease shall be entered into, the effect of which shall be governed by the provisions of this chapter.
The same shall apply, on expiry of this term, in the event of express renewal of the lease or the conclusion, between the same parties, of a new lease for the same premises.
The provisions of the previous two paragraphs do not apply in the case of a seasonal tenancy.
When the lease is concluded in accordance with the first paragraph, an inventory of fixtures is drawn up when a tenant takes possession of the premises and when they are returned, jointly and amicably by the parties or by a third party mandated by them, and attached to the lease contract.
If the inventory of fixtures cannot be drawn up under the conditions provided for in the penultimate paragraph, it shall be drawn up by a bailiff, on the initiative of the most diligent party, at costs shared equally between the lessor and the lessee.