The lease agreement signed between the landlord and the tenant generally includes a resolutory clause, which penalizes the non-payment of rent by terminating the lease contract.
Indeed, it sometimes happens that a tenant, confronted with financial difficulties, stops paying the rent without informing the landlord.
The law of July 6, 1989, which regulates residential leases, has established a specific procedure to address this type of problem.
What are the procedures?
The landlord, noticing that the tenant is no longer paying rent, must send them a “command to pay referencing the resolutory clause” served by a bailiff.
Sending a registered letter with acknowledgment of receipt is not sufficient under the law.
From the date the command is served, the tenant has a period of two months to regularize their situation. If the rental debt is not settled within this timeframe, the landlord can summon the tenant to request the termination of the lease before the President of the District Court of the tenant’s place of residence, ruling in summary proceedings. It is advisable to consult a lawyer for the implementation of this procedure.
Article 24 of the 1989 law requires the landlord to notify the prefect of the summons, two months before the hearing date, under the penalty of inadmissibility of the request. This two-month period allows the tenant to contact the Housing Solidarity Fund or social services.
In practice, it is the bailiff responsible for delivering the summons to the tenant who takes care of informing the prefect. The judge of the District Court can grant the tenant payment extensions if they seem capable of settling their debt. During this period, the effects of the resolutory clause are suspended. However, this in no way authorizes the tenant to stop paying the rent.
Indeed, if the tenant does not propose to settle their debt or fails to comply with the commitment made during the hearing, the landlord can enforce the court’s decision through a bailiff. This means the tenant can be ordered to pay the owed rent, to pay an occupancy fee from the termination date of the lease until they vacate the premises, and finally, be evicted by public force if they do not leave voluntarily.
It should be noted that any tenant eviction is impossible during the winter period each year, from November 1st to March 15th.
