To guard against a possible breach by the lessee with regard to his contractual obligations, a landlord may incorporate what is known as a resolutive clause into his lease. Explanation.
What is a resolutive clause?
A resolutive clause is an optional clause lease contract, that is to say, it is not mandatory. It must be included in the lease contract to play. The resolutive clause is mentioned in Article 24 of the Law of 6 July 1989.
The resolutive clause allows the automatic termination of the lease contract in case of breachon the part of the tenant, to one of the contractual obligations. The automatic termination of the contract means that this clause has the power to terminate the lease without the intervention of the judge.
In which cases can the resolutory clause play?
The resolutive clause can only play in one of the following four situations:
- non-payment of rents and charges
- the non-payment of the deposit
- non-subscription to a home insurance
- the neighborhood disorder
Process to follow
Before automatic termination of the lease contract, and therefore before implementation of the resolutive clause, the landlord must follow a certain procedure.
- It must mandate a bailiff to issue a command to pay the tenant or a command to take out insurance.
- Once this command issued, the tenant has a period of time to regularize his situation. 2 months delay for non-payments and in the context of a neighborhood disorder, and a period of 1 month in the context of non-underwriting home insurance. During this period, the tenant may request payment deadlines by taking the court of first instance from his home or asking for financial help from a solidarity fund for housing.
- After this period, if the tenant has settled his situation, or if a payment period has been granted, then the resolutive clause is deemed not to have played. Otherwise, if the tenant has not resolved the situation, the landlord may seize the district court in summary to ask the judge to note the clause resolutory (and thus the termination of the lease) and to pronounce the expulsion.