As a last resort, when the tenant still refuses to pay rent, the landlord may decide to terminate their lease. The termination of a lease may be automatic when a resolutive clause has been provided for. Otherwise, the landlord will have to assign his tenant to the district court. Explanations.
Termination of a lease: the clause resolutory
The lease usually includes a resolutive clause which specifies its automatic termination in case of rent and unpaid charges.
However, before this resolutory clause is put into practice, the lessor is required to transmit to the tenant by bailiff a command to pay.
To note: If a guarantor has surety for the tenant at the time of signing the lease, the bailiff also sends him the command to pay.
The defaulting tenant therefore has a period of two months to:
- to repay the sums due to the lessor;
- or to request an additional payment period from the district court to which the housing concerned belongs;
- and / or ask for financial help from an FSL (solidarity fund for housing).
At the end of this period, the lessor is entitled to apply to the district court for interim relief, so that it can be ascertained the cancellation of the lease and pronounced the eviction of the tenant.
Judicial Termination of a Lease
In the absence of a resolutive clause, the owner-lessor can directly sue his tenant (always by bailiff).
- It is up to the district court to assess the seriousness of the tenant's fault, whether or not to justify a definitive termination of the lease, followed by an eviction.
- The magistrate may also grant the tenant new payment terms in order to settle his debt. Deadlines established according to the financial situation of the latter.
If the termination of the lease is finally pronounced, the owner-lessor forward to the tenant a command to leave the premises. As soon as he receives it, there is still two months left to the tenant to leave the accommodation.
During these two months, the tenant can seize a tribunal of high instance to ask for an additional time to leave the place. This period can be from one month to a maximum of one year, depending on the family situation, age, or the health of the tenant.