“Waiver of renewal” clause in a commercial lease agreement

A clause, inserted in a commercial lease agreement, by which the tenant waives beforehand his/her renewal right (and which also amounts to waiving his/her eviction compensation normally due by the lessor when he/she refuses the renewal) is “deemed unwritten”, i.e., considered non-existent. Indeed, the right to renewal being a “public policy” rule, the tenant cannot waive it from the outset. However, after the conclusion of the lease agreement, i.e., once the right to renewal has arisen and acquired, the tenant may validly waive this right, on condition, of course, that this waiver occurs freely, voluntarily and unequivocally. This is what the judges have affirmed and recalled on several occasions.